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Code of conduct in the event of a dispute between commercial tenants and landlords

In times of the Corona crisis, HDE and ZIA are in favor of the application of a code of conduct, which should clarify the disagreements between landlords and commercial tenants out of court.

HDE and ZIA draw up a code of conduct

The Corona crisis has burdened the entire economy in Germany since the beginning of 2020, only individual sectors defied the pandemic. While the market for residential property continued to develop seemingly unimpressed, commercial and hotel properties are still in crisis. Commercial tenants have difficulties paying the rents due to lower sales, which in turn has a direct impact on the economic situation of the landlord.

In order to find a mutually acceptable agreement in this situation, the Senate, the real estate industry and trade met in Hamburg to find a solution to the dilemma. The Senate, the German Trade Association (HDE) and the Central Real Estate Committee (ZIA) were able to set up a so-called code of conduct, which is intended to relieve tenants and landlords alike.

“Both tenants are in the same boat and have to agree on a fair distribution of risks and burdens in the crisis,” says a ZIA press release. The ZIA adds that the code of conduct developed by HDE and ZIA can serve as a benchmark.

Tenants and landlords should pull together

The Hamburg Senator for Finance Dr. In the course of the ZIA press release, Andreas Dressel also appealed for tenants and landlords to work together. “In this crisis everyone has to turn all the screws to get through the crisis and out again,” said Dressel.

While many landlords have already met their tenants, according to Dressel, other tenants repeatedly report the opposite. So there are landlords “who are not prepared to make any concessions”, Dressel regrets. So that a solution can be found here, the “balanced code of conduct of HDE and ZIA is recommended.”

Andreas Mattner, President of the ZIA, also called for solidarity in the course of the press release, “There are strong and weaker partners on both sides. Both form a common destiny in the common work to preserve our company and jobs and have to rent FAIR. “

Code of Conduct recommends quick out-of-court solutions

The code of conduct developed by the HDE and ZIA appeals to the parties to find peaceful solutions and to avoid legal disputes. Legal disputes are too time-consuming “to secure the endangered livelihoods in the real estate industry and in retail”, says the code. If a possible agreement between landlords and commercial tenants should drag on, businesses in the cities threaten to die out, which would affect commercial real estate equally.

In this case, a lack of rental income from vacant properties and falling demand could potentially cause significant long-term damage to the landlords.

“Landlords and tenants are therefore encouraged to approach one another,” the experts in the code of conduct let know.

Iserlohe and Mattner clash

While the ZIA recommends the code of conduct as a non-binding guideline, the association completely rejects political measures that would permanently change the rental law of commercial property.

“We therefore firmly reject the general applicability of the omission of the business basis to rental contracts. The contracting parties are better able to negotiate bilateral and tailor-made amendments to the contract themselves than through a legal order, ”commented Mattner, according to Haufe.

This attitude of the ZIA president is in turn strongly criticized by the other side. The chairman of the Dorint Hotel Group’s supervisory board, Dirk Iserlohe, is indignant about Mattner’s statement in an open letter that Haufe has received.

The views of the ZIA president are “strongly Darwinist and short-sighted”, a legal regulation would enable the parties to a fair “balance of interests”, writes Iserlohe. In addition, the implementation of a code of conduct failed in June.

Image Sources: fizkes / Shutterstock.com

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