Have you set up a second office in your home, or do you sleep in your business premises when you are pressed for time? This can certainly make a difference under tenancy law - especially when it comes to termination and financial matters. Tenancy law has a few special rules for business tenancies:
- The amount of the rent deposit is not limited when renting commercial premises - in contrast to residential rents, where the deposit may not exceed three months' rent.
- The minimum notice period for commercial leases is six months, whereas for residential leases it is only three months.
- In the event of termination by the landlord, the tenancy can be extended for up to six years in the case of commercial premises; in the case of rented apartments, the extension is limited to four years.
- In addition to subletting, business tenants can transfer the tenancy directly to a third party, who pays the rent directly to the landlord from this point onwards.
- The landlord of business premises has a right of retention for claims arising from the tenancy - above all for outstanding rent and ancillary costs: he may take furnishings, machinery, vehicles or parts of the warehouse as a pledge for the expired annual interest and the current half-yearly interest and have them utilized.
The rental type is not freely selectableDepending on the business strategy, the advantages of a commercial lease may outweigh those of a residential lease. For example, if you are reliant on being able to keep your business premises for as long as possible and certainly do not have to expect termination within a few months, you are certainly better off with a business lease. If, on the other hand, you are more interested in remaining flexible and having to spend as little money as possible on the tenancy, a residential tenancy is more suitable. The problem, however, is that you cannot decide for yourself whether you are renting a commercial or residential property. If the rented premises serve a business purpose, tenancy law automatically assumes a business tenancy. This is clearly the case for an office, store, warehouse, store, salesroom or advertising agency. If the rented premises serve both residential and business purposes, the predominant use is decisive. So if you set up an office in your apartment to spend a "home office day" there from time to time, you cannot invoke the business tenancy.
Landlords liable for loss of turnoverUnder liability law, it is not worth working at home anyway. This is because the landlord is only liable to pay compensation in the case of commercial leases if the tenant suffers a loss of turnover due to a defect. Example: Customers are unable to visit the store due to blocked parking spaces. In such a case, however, it is important to note that the landlord is only liable if he is at fault for the defect in question.
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