Preparation and monitoring of lease agreements

The conclusion of commercial leases, especially long-term ones, has general and industry-specific peculiarities which a professional property manager or tax advisor cannot always have a complete overview. This includes the commercial risk of rent development which is barely predictable.

In addition to the need to comply with the written form requirement in all its variations and the development of the jurisdiction of the higher courts,  a specific purpose of use and lease agreement may involve special risks  which need to be well considered .

But the preparation and maintenance of residential leases also requires attention to changes to the jurisdiction of the eighth civil senate of the German Federal Supreme Court. It is desirable to keep track of changing views as closely as possible and to identify them at an early stage when drafting the contract.

Often, in both areas the significance and assessment of contractual contents in retrospect is dependent on whether a regulatory aspect was available in detail to the parties in advance and may be evaluated as an individual contractual provision as a result of negotiations, or whether the same wording was introduced by one party in a contractual form. Knowing this distinction and to document it in the event of a dispute is of significant practical relevance.

With regard to drafting and monitoring lease agreements, we offer varying levels of advice, depending on the requirement, necessity, and strategy.

In our consultancy experience, for these two aspects (commercial on the one hand, residential on the other hand), we conduct all negotiations externally in the run-up to the conclusion of a contract. However, there are also cases where we may implement the results of the negotiations and discussions of our clients in suitable formulations only in the background; this applies to a range from new contracts to supplements.

Often, a mandate to participate in the creation of a contract is preceded by a brief assessment of the forms used previously, to  determine  requirements and the economically most viable method of collaborarion.

The costs of legal advice in connection with the drafting of lease agreements are contractually agreed between you and the attorney prior to the acceptance of the mandate. The amount of our fee will depend on the task, the duration, and the economic significance as well as the term and termination option of the lease agreement. The price ranges between € 500 and € 5,000 in most cases. We are happy to send you a cost estimate upon request.

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WIR-Network – Real estate law know-how for nationwide mandates

The WIR-Network is an association of legally independent law firms specializing in real estate law. Three law firms, one focus: specializations in landlord and tenant law, condominium law, and construction and property development law.