Field of Expertise

Commercial Tenancy law

Commercial Tenancy law

We advise you as a commercial enterprise in residential tenancy law, commercial tenancy law, lease law, brokerage law, real estate law / property law, neighbor law, condominium law.

In residential tenancy law, we advise you in the current tenancy in the event of warnings for conduct in violations of contract, such as unauthorized subletting or keeping animals in violation of contract. Typical deficiencies of the rental object can be construction work / noise, odor nuisance, moisture / mold, pollutants, impact noise, making music, keeping dogs. As soon as the use of the rental property is impaired, a comprehensive explanation of the rights and obligations of tenant and landlord is required. We explain the reduction of rent as well as claims for damages and reimbursement of expenses.

At the latest when the lease is terminated, it must be clarified whether the agreed cosmetic repair clauses are effective. If the tenancy is terminated, we advise on the enforcement of outstanding claims, in particular the security deposit paid. In proceedings for eviction and restitution, we represent you in court and in the context of eviction and restitution enforcement.

Commercial tenancy law is characterized by extensive freedom of the parties. Particularly in residential tenancy law, but also in commercial tenancy law, it is important to check the effectiveness of pre-formulated general terms and conditions or the drafting of effective regulations. In commercial tenancy law for example, clauses on roof and subject matter, restrictions on warranties and the right of termination, regulations on protection against competition, option clauses and written form clauses play a role. We draw up commercial leases for you and advise you on commercial leases that are already in force.

In lease law, the provisions of tenancy law apply in addition to special provisions of lease law. Here, too, we advise you on the drafting of lease agreements, for example in the case of catering and restaurant leases, as well as in ongoing and terminated leases.

The area of commercial tenancy and lease law includes, in particular, the supervision of commercial tenancy and lease agreements for gaming halls, restaurants and sports betting offices. This also includes the drafting and review of contracts for the installation of vending machines.

In the field of brokerage law, we examine the effectiveness of brokerage contracts, brokerage subcontracts, qualified brokerage subcontracts and brokerage commission claims, taking into account the buyer’s principle which are in force since June 01st, 2015.

Condominium ownership refers to the special ownership of an apartment within a building, the common ownership of jointly used areas, the partial ownership of rooms not intended for residential purposes as well as special rights of use, such as for parking spaces. The legal basis is the German Condominium Act (Wohnungseigentumsgesetz), which regulates, among other things, the establishment and administration of condominiums, the convening and holding of an owners’ meeting, and the duties of the administration. In addition, the declaration of division, which regulates the relationship between the condominium owners, is decisive. We advise you, for example, on the contestability of resolutions passed at owners’ meetings, on the defense claims of individual condominium owners and on the revocation of condominium ownership. The complex tasks of property management require legally sound advice in order to avoid liability on the part of the manager.


Lawyer / Mediator & Managing Partner
Mirko Benesch, lawyer, is mainly active in the field of commercial law. He advises companies specifically in the areas of gambling and catering law as well as commercial and corporate law.
Lawyer / Specialist for banking and investment law / Data Protection and anti-money laundering Supervisor / Compliance Officer
The emphasis of Mr. Riess', lawyer, work is on general civil law as well as commercial administrative law, he in particular supervises on M&A, compliance and data protection.