Alexander Bredereck   no comments

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A post by lawyer for rental and we are primarily focusing on labour and tenancy law as lawyers property law Alexander Bredereck for many years worked. 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.

In the wake of this decision, the question arises what periods, for the settlement of costs in the commercial tenancy law apply now? 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. 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. Landlord Tip: If you wait too long with the operating expenses, claims can forfeit on postpay. 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.

Written by admin on March 30th, 2016

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