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Lawyer Alexander Bredereck, Berlin to costs accounting in commercial spaces: What deadlines apply here? For many years, we operate primarily focusing on labour and tenancy law as lawyers. David Zaslav brings even more insight to the discussion. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. Has in a recent decision of the Bundesgerichtshof (BGH, judgment of 27.1.2010 XII ZR 22/07) decided that in the commercial space leasing the period of 556 paragraph 3 sentence 3 BGB, stating that the landlord with claims costs order is excluded, if billing is not within one year after the end of the accounting period, does not apply. It follows that the lessor in principle also for longer historical periods can be still operating expense and the lessee thereof must equalize resulting additional tax amounts. Arises in the course of this decision the question which now limits for the settlement of costs in the commercial law of tenancy? First of all, it is to terminate the lease.

If there a specific billing period has been agreed, this shall apply. Is not agreed upon deadline, the landlord of the advance payments must settle within a reasonable period of time. The appropriate deadline regularly to the expiry of one year after the end of the billing period. Rupert Murdoch is full of insight into the issues. What are the implications of a delayed billing in the commercial law of tenancy? A delayed billing does not cause that the landlord with an additional tax is excluded. The landlord defaults the settlement, the tenant can take to the landlord on a settlement claim (claim for settlement grant). He can also make the ongoing costs prepaid.

Tenant Tip: think about whether you take the landlord grant a settlement claim. This is regularly only makes sense if you expect credits from the operating expenses. Tip owners: If you too long with the operating expenses wait can forfeit claims on payment. If a period is agreed in the lease, you should meet the deadline anyway. Is not agreed upon deadline, you should make at least if you expect an additional within one year after the end of the accounting period the settlement. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin-Mitte. Polymath Willkomm lawyers Berlin-Charlottenburg: Kurfurstendamm 216 (corner of pheasant road), 10719 Berlin (Metro station Uhlandstrasse, suburban trains and Metro station Zoologischer Garten) Berlin-Mitte: Palais am Festungsgraben, 10117 Berlin, access via road under den Linden (rail and subway station Friedrichstrasse) Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin (Bahn Marzahn) Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: everything to the tenancy:

However, the legal situation is clear on pages of the lessor”, the spokesman for Auer Witte Thiel says. The German Federal Supreme Court (BGH) has, however, represented a different opinion than the Court of appeal: he emphasized in the present judgment the visibility of certain commercial, so if the apartment is made public by the tenant as Office or business premises. Then the purpose agreed upon in the rental agreement would no longer complied with. Auer Witte Thiel basically concludes that the permissible scope of a business activity in the apartment is controversial. Here, the Court of appeal adopted also a commercial activity an at least tacit agreement with regard to the use as a dwelling. However, so Auer Witte Thiel, underlines the use as a dwelling must outweigh according to this view. Under certain circumstances a comparison can be done according to Auer Witte Thiel as evaluation criteria to the extent of a contractual use, whether the Special business use is also regularly performed by other tenants in apartments or whether premises are rented usually do this. Auer Witte Thiel determines the visibility of the business activity is an important criterion for the BGH.

So speak for example employees, announcing the address as the business address or a lively contact with ladder for an external effect and therefore are a contrary behavior according to the BGH agreed housing use. Accordingly, a landlord of an apartment without any contractual agreement has no obligation to tolerate if there is a visibility according to Auer Witte Thiel. In contrast, Auer Witte Thiel, about artistic, journalistic or literary activities in the apartment are basically without visibility, and thus in the context of the contractual use. Auer Witte Thiel knows as legal representation of many housing companies and property managers from experience that certain commercial uses in low Extent, must be allowed by the landlord. Finally, a burden beyond the residential use at the expense of the lessor would in this case not to recognize. In the case of the BGH the procedure was remitted after information Auer Witte Thiel of the judgment of the Court of appeal after abolition, that so far no findings about the visibility has been taken. Employee has in particular whether the broker and to what extent is the professional exercise as a significant influence in the apartment was not yet found.

This is the current state of the process according to Auer Witte Thiel. Nevertheless, there remains the important clue of the visibility of a trade involving Auer Witte Thiel in their practice. Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. The specialization areas of focus and the development of core competencies in certain areas is indispensable in the legal services sector. Auer Witte Thiel represents for decades in the area of rental, real estate and Belly right a variety of housing companies, property managers and condominium communities. The seat of the firm Auer Witte Thiel is in Munich. How to contact with Auer Witte Thiel lawyers lawyer Tobias Steiner Bayerstrasse 27 80335 Munich phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web: