Lease agreement and Corona pandemic:

Lease agreement and Corona pandemic: In further rulings issued by AG Düsseldorf (45 C 245/20), LG Mönchengladbach (12 O 154/20) and LG München II (13O 2044/20), it was confirmed that the measures taken by the authorities due to the Corona pandemic did not constitute an impairment of use and thus not a rental defect. In each case, the tenant was not entitled to a rent reduction. The rulings confirmed the fundamental possibility of adjusting the lease agreement via the principles of disturbance of the basis of the contract; however, in the cases specifically decided, the prerequisites were predominantly considered not to be fulfilled. Only the LG München I (34 O 6013/20) assumed that the tenant was entitled to adjust the rent pursuant to § 313 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) in the case of an official ban on the tenant’s business due to the Corona pandemic.