Real Estate Insider

The CERHA HEMPEL Real Estate Insider provides an insight to the real estate industry in Austria and CEE. Besides reviews on case-law and legal developments, the Real Estate Insider covers all aspects affecting the industry including market trends and insights, project and deal reviews, reviews on political and legislative developments, reports on events etc. As one of the leading real estate practices in Austria and CEE, our team is fluent in advising clients on all aspects of real estate law from cross border portfolio transactions to building organizer projects to rental agreements and constructions matters, you name it.

April 2022

4th Supreme Court decision on the obligation to pay rent during lockdown: Partial payment of the rent is affirmed in the case of partial usability. The intended use agreed upon for the property is especially relevant.

In its fourth decision to date on claims for a reduction in rent in connection with the COVID-19 pandemic (Supreme Court decision of 25/01/2022 in case 8 Ob 131/21d), the Supreme Court has now addressed the question of whether (potentially) offering a takeaway and delivery service from the premises of a catering business during the "second lockdown" (17 November to 6 December 2020) constitutes partial usability of the leased property and therefore whether this also gives rise to an obligation on the part of the tenant to pay (part of) the rent.