Legal tip – business premises rent & Covid-19

Due to the official measures in connection with the fight against the Covid-19 pandemic, many companies were affected by an official entry ban, which made the rental property at least partially unusable. For many tenants, the question arises whether claims for a rent reduction can be made against the landlord.

Most recently, the Regional Court for ZRS Vienna confirmed in the decision of February 17, 2021, which is not yet legally binding, that claims for rent reductions result from the consequences of the measures to combat the pandemic and the associated limited possibilities for using the rental property in accordance with Section 1104 of the Austrian Civil Code can.

It is noteworthy that the application of this provision can be contractually excluded. With regard to the amount of the rent reduction, the duration of the entry ban and the actually possible use of rooms, for example only for the warehouse, must be taken into account.

Furthermore, the rent reduction is due, at least for the period of the “first lockdown”, regardless of whether subsidies were granted from public funds. In view of the advancing jurisprudence and the necessary examination of each individual case, legal advice from a Burgenland lawyer is recommended in any case.