Particularly in inner-city areas, some business premises have existed for decades – often with rental agreements that have extremely low rents that are well below the maximum permissible amount.

 

It must be noted that if the power balance of the main tenant changes accordingly – as is also conceivable in the event of a generational change – the landlord is entitled to increase the main rent to an appropriate main rent. This newsletter is intended to provide clarity on the question of when such a change of power actually occurs and what must be taken into account by both the landlord and the tenant.

§ 12a MRG is only applicable within the full scope of the MRG and regulates, among other things, the landlord’s options to increase the previous rent in the event of the tenant selling the company.

 

Section 12a Paragraph 3 MRG specifies this to the effect that in the event that the legal and economic influence of the main tenant changes significantly, this affects the landlord entitled torent increase to the appropriate main rent.
But when the decisive change required by law actually occurs and when it does not is the starting point of a particularly intensive discussion in doctrine and jurisprudence. In this newsletter, the most important parameters for this delimitation are presented and, in particular, some of them correspond more recent, highest court decisions are explained.

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