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ARTICLE · 01 OCTOBER 2014

Real Estate – Recent Developments And Decisions - Autumn 2014

Mayer Brown
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The termination of a lease agreement by the acquirer for the reason of non-compliance with written form requirement is permissible despite existence of a remedial written form clause.

GermanyReal Estate and Construction
Jörg Lang
Jörg Lang
Jürgen Streng
Jürgen Streng
Elmar Günther
Elmar Günther
Gelena Yufa, LLM
Gelena Yufa, LLM
Marius Boewe
Marius Boewe
Dr. Cornelia Wiendl
Dr. Cornelia Wiendl
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Keywords: real estate, termination, lease agreement

The termination of a lease agreement by the acquirer for the reason of non-compliance with written form requirement is permissible despite existence of a remedial written form clause.

BGH [Federal Supreme Court], judgment of January 22, 2014 – XII ZR 68/10 and BGH, judgment of April 30, 2014 – XII ZR [civil law] 146 /12

By Dr. Jörg Michael Lang

Guiding principle

1. BGH XII ZR 68/10 of January 22, 2014 A so-called remedial written form clause in the lease agreement does not in itself prevent the acquirer from terminating a lease agreement which he entered into pursuant to Section 566 Para 1 BGB by citing lack of the requirement of the written form, without first requiring the tenant to remedy the deficiency.

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