No rent reduction despite COVID 19 measures? Supreme Court decision provides clarity!
The Supreme Court has dealt with this question in a case that ScherbaumSeebacher was involved in, led by partner Mag. Sascha Verovnik.
In principle, the following applies General state intervention is regarded as a business risk of the existing customer. However, loss of turnover due to access restrictions as a direct consequence of official measures can justify a reduction in rent.
In the case of the OGH decision 5 Ob 88/23m, the restriction of the number of customers after the lifting of the entry ban has no effect on the property – and therefore does not justify a rent reduction.
The decision can be read in detail here.