COVID-19 - Modification to the disruption of the business basis in commercial lease law planned

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German government plans to qualify usage restrictions due to state Covid-19-related measures as a disruption of the business basis of lease agreements. On 13 December 2020, the Federal Government and the Minister Presidents of the Federal States decided that for commercial leases and tenancies affected by state Covid-19 measures, it is legally presumed that significant (usage) restrictions as a result of the Covid-19 pandemic may constitute a serious change in the business basis (Section 313 of the German Civil Code (BGB)).

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