Meincke Bienmüller advises both landlords and tenants of commercial-use premises. We attend to our clients in the preparatory stage already (letter of intent, draft lease, etc.), in the actual contractual negotiations up to the signature of the respective commercial lease agreement, leasehold, and amendment to these agreements. We draft new commercial lease agreements tailored to the specific property – be it office space, retail outlets, nursing homes, schools, surgeries, industrial and other trading enterprises – or adjust existing leases to the needs of our clients. Our advice encompasses the leasing of premises still on the drawing board, as well as of existing property. Furthermore, Meincke Bienmüller has long-standing experience in the drafting of hotel lease and hotel management contracts.
Commercial lease agreements define the legal relationship between landlords and tenants for many years, or even decades. The soundness of a contract in general – and a commercial lease in particular- often shows in times of crisis only. A big goal pursued by Meincke Bienmüller when advising clients, especially on such lasting commercial leases, consists in foresighted avoidance of such crises, and in strengthening the position of our clients in typical conflict issues. If the course of negotiations shows conflicts cannot be avoided, we advise our clients against the conclusion of such a commercial lease unfavourable to them.
The commercial lease and leasehold agreements we attend to mostly range in seven or eight figures. We aim at an optimum translation of the commercial interests of our clients into the commercial lease agreements to be signed. By even minor adjustments of the draft contracts, we frequently manage to improve the proceeds of a landlord – respectively to reduce costs for the tenant, or make them calculable. Regardless of whom we represent – either the landlord or the tenant – we put much store on the securing of the client’s commercial interests in the commercial lease. Apart from provisions on ancillary costs, maintenance and repairs, we focus on the respective escalator clause. Taking into account the wishes of our clients, we act either in the background only, or directly lead the negotiations of the commercial lease with their contractual parties.
Moreover, Meincke Bienmüller advises landlords and tenants on the creation of easements and tenant servitudes, as well as other means of securisation (e. g. notarised submission to compulsory execution).
We also represent and advise landlords on the enforcement of their rights respectively the defence against claims under existing tenancies. Meincke Bienmüller has a year-long experience in the co-operation with other professional advisors of landlords – in particular asset and property managers – as well as in extra-judicial conflict management. We often advise landlords on tenants‘ insolvency matters, and legal issues regarding operating and ancillary costs. When advising enterprises as tenants, we also assess the legal validity of certain contractual provisions of the commercial leases, and – if so required – on the right of their early termination. Incidentally, we also advise clients in the stage of a regular termination of commercial lease agreements, and legal issues of winding up these tenancies.
Meincke Bienmüller successfully handles legal proceedings and lawsuits, particularly such involving commercial tenancy law. We rely on long experience in litigation – but also advise against futile actions, respectively seek an extra-judicial settlement of complicated matters. In particular, we efficiently enforce, respectively fend off, eviction claims.