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Legal consulting in commercial real estate, leasing and tenancy law

The MERCATIUS business law firm offers legal advice for a successful founding, conduct and termination of rental and lease agreements with regard to commercial property. The legal services include an efficient legal review and legal draft of agreements for the utilization of real estate, especially business facilities like offices, warehouses, stores, salesrooms, halls and agriculture fields. The juridical services include contractual agreements for the commercial use of technical devices and operating materials like machines, sport and exercise equipment, office devices, kitchen appliances, vehicles, computer systems and digital products.

The law firm provides legal advice with regard to rights and obligations that relate to your contractual relationships. If required, the law firm also assumes the legal representation for the judicial enforcement of your claims. It also supports out of-court procedures to achieve an amicable solution of the legal dispute.

Contract design

The contractual arrangement of your rental and leasing agreements by the law firm includes the legal examination and design of model contracts, forms and general terms and conditions. It reviews and designs especially provisions for the reduction of liability and warranty risks, for example the limitation of liability, exclusion of warranty and limitation period. It also considers possibilities for the termination of contracts, e.g. by challenge or notice. Furthermore, it supports you with subsequent amendments and creates an agreement for an early cancellation of the contractual relationship.

The law firm offers legal consulting in contract negotiations and provides letters of intent or confidentiality agreements to protect discrete information. In addition, it supports you by the acquisition and inspection of preliminary documents like land register excerpts by a lawyer.

Furthermore, the law firm provides especially enterprises of the real estate sector and leasing companies with legal advice regarding the effective processing of personal data of tenants, leaseholders and lessees. This includes the legal requirements for the legitimate collection, transfer, disclosure, storage and deletion of data, video surveillance and the compliance with legislative retention period.

Legal enforcement of your claims

If defaults arise in the course of the contract relationship like material defects, defects of title, damages and loss of objects, the law firm considers legal remedies for the fast judicial and extrajudicial enforcement of your legal claims. This includes especially warranty rights for the remedial action, compensation and reimbursement of expenses.

The law firm also assumes legal action for the enforcement of your payment claims and considers compensation claims referring to damages caused by delay. If required, it writes reminder or assumes default actions to achieve a dunning summon.

In case of an inevitable legal conflict, it offers legal representation in court proceedings for the successful enforcement of your rights. If required, it also conducts extrajudicial negotiations to achieve a cost-effective and amicable solution of the litigations.

The legal services of the law firm also include the following content of German law:

  • Property law, commercial tenant law, leasing law, estate agency law, lease, commercial rent, finance lease, operating lease
  • Office tenancy contract, commercial rental agreement, sublease contract, lease contract, land lease contract, leasing contract, letter of intent (LOI)
  • Warranty, quality defect, defect of title, liability reduction, liability limitation, exemption from liability, force majeure, maintenance, repair, reduction of rental fees, indemnity, utilization compensation, restoration, reimbursement of expenses, recourse
  • Default notice, dunning procedure, dunning notice, default interest, limitation period, forfeiture, waiver
  • Operating obligation, competition protection, traffic security, maintenance obligation, modernization, granting of use
  • Options right, purchase option, price adjustment clause, indexation clause
  • Contract termination, extraordinary termination, annulment, revocation, warning, cancellation agreement, premature cancellation, removal right, omission of the business fundament, restitution
  • Eviction, surrender, deconstruction, compensation for use, return, renovation, decorative repair, modernization, restructuring, barrier liberty
  • Deposit, rental collateral, right of retention, pledge, offsetting, operating expenses bill, adjustment of lease payments, repayment
  • Usage rights, usufruct right, encumbrance, owners use, hereditary right, right of way, conservation measures, option rights
  • Legal succession, right of subrogation, subleasing, next tenant, preemptive right, contract transfer
  • Real estate agent law, broker´s fee, broker commission
  • Data protection law, privacy provisions for commercial tenants and landlords, declaration of consent
  • Mediation of real estate conflicts and rental disputes, extrajudicial conflict resolution

Contact the MERCATIUS® business law firm if you need a German lawyer or more information about the legal services in Germany.