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Lease Agreements And Covid 19

Regardless of the theoretical discussions between scientists, the user is not even required to take further action in this regard once the main rental agreement between the owner and the co-working service provider is concluded in accordance with the usual practice of the High Court of Appeals. This is due to the fact that the contract is considered “terminated” on the date of termination of the main rental agreement between the owner and the co-working area service provider. However, in order to avoid future conflicts, it is advisable to send a written notification to the co-working area service provider regarding the termination of the sublease agreement due to the termination of the main rental agreement between the owner and the co-working area service provider. This indication can also be used as a means of communicating claims, the scope of which is explained below. An optimal solution for tenants and lessors (taking into account the position of the banks that finance the investments of the lessors) is to reach an agreement on the principles of realization of the leases during the epidemic. Some commercial tenants may wish to give up their operations and terminate their commercial lease before the lease terms expire due to the effects of the pandemic. However, no law or customary law gives the tenant the tacit right to terminate a lease prematurely due to an event of force majeure. To put it simply, during the period of force majeure or otherwise, the tenant`s right to terminate a lease prematurely is not supported by U.S. law and courts, unless there is a clause in the contract that gives the tenant an explicit right to terminate the lease due to the force majeure event or on a specific date. Some well-negotiated commercial leases may benefit from an interruption clause at the end of a certain period, for example.B. the tenant of a ten-year lease may have the right to terminate the lease at the end of the fifth year. In this case, the tenant could request a termination. The tenant who does not have break rights under the rental agreement must bear in mind that an early termination of the rental agreement constitutes a violation of the rental agreement and that he is responsible for this infringement to the lessor.

The institution of temporary termination of rental contracts, introduced as part of the anti-crisis shield, although it significantly influences the activity of shopping centers, can be interpreted in different ways. In addition, the scope of this Regulation is quite narrow. It seems, however, that the intention of the legislator should not lead to the termination of all leases and, therefore, there is no reason to release the parts from the remaining obligations of the lease agreement – the lessee is not obliged to hand over the premises and has the right to store his property there, and the lessor is not obliged to: to return to the tenant bank guarantees, guarantees intended to guarantee the sums due under the rental contract or the declarations of the tenant on voluntary presentation for execution. The situation of the parties to a commercial lease agreement with regard to the COVID 19 outbreak varies depending on whether the premises are in a shopping centre (i.e. in a commercial building with a sales area of more than 2,000 m²), whether the tenant`s activity has been temporarily prohibited and whether the outbreak results in losses for the tenant. . . .

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