Dr. Benedikt Hartl

• Law on Commercial Leases
• Real Estate Transactions
• Project Development

For more than 20 years, Dr. Hartl has been advising both national and international real-estate enterprises as well as private and institutional investors in real property on all matters of private real-estate industry law, tenancy law, and the law on legal procedure, as well as in all stages of project development. His advisory services focus on commercial leases, the law on acquisition of real property, land register issues, and legal attendance to real-estate transactions. Dr. Hartl’s long experience also includes hereditary building right issues.

Various real-estate holding companies commissioned him to carry out and manage Legal Due Diligences for the acquisition of commercial properties. He rendered comprehensive advise to a hotel development & operating company and an international operator of multiplex cinemas on real-estate and tenancy-law issues. Furthermore, he was involved in the implementation of numerous sales and purchases of real property, and provided legal advice on several large-sized commercial lease projects.

The legal advisory services of Dr. Hartl on lease and tenancy law include the drafting and negotiation of commercial leases including amendments – in particular, for office, production, and special-purpose objects (e.g. shopping centres, parking facilities, hotels). In addition, he advises on all issues occurring in existing tenancies, as well as on the winding-up at the end of tenancy, and will support you in the enforcement of any claims resulting from it. A core element of his advice are all issues/questions related to the compliance of leases with the statutory requirements to the written form of contracts, pursuant to art. 550 German Civil Code (BGB). 

Legal advice rendered by Dr. Hartl on real-estate transactions includes in particular the handling of Legal Due Diligences to assess the real property, as a basis for your investment decision, as well as the drafting and negotiation of real-estate purchase contracts, and includes all issues related to land register norms and regulations in connection with such real-estate transactions.

• Juni 2023:
  Article: “Limits for cosmetic repair clauses in commercial leases“ in Mietrecht-Kompakt (IWW-Institut) Issue 6/2023
• September 2015:
  Article: “Increase in Rent for Residential Properties: Right of Revocation – Yes or No?“ (together with another author) in: Forum Juris 3/2015
• March 2015:
  Article: “Legal comments on slowing down rent increases” (together with other authors) in: Forum Juris 1/2015
• December 2014:
  Article: “Acquirer of real property not bound to remedy of the written-form clause in leases” in: Forum Juris 4/2014, S. 26f.
• June 2013:
  Article: „Act on amended tenancy law dd. 11 March 2013 – summary of key amendments” in: Forum Juris 2/2013, S. 30 ff.
• December 2012:
  Article: „Rent security deposit – conflicting interests of seller and buyer of leased living and commercial areas“ in: Forum Juris 4/2012, S. 27 ff.
• June 2012:
  Article: „Importance and validity of Change of Control clauses in leases of commercial premises“ in: Forum Juris 2/2012, S. 30 ff. and in AnwaltZertifikatOnline Handels- und Gesellschaftsrecht-September 2012
• March 2011:
  Article: „Allocation of costs of a terror damage insurance in commercial leases“ in: Forum Juris 1/2011, S. 26 ff.
• June 2010:
  Article: „Exceeding deadline for acceptance in leases is no deviation from the written form“ in: Forum Juris 2/2010, S. 22 ff.
• October 2003:
  Practical advice: „Acceptance past deadline of a (commercial) lease and ensuing risks” (together with another author) in: Neue Zeitschrift für Miet- und Wohnungsrecht (NZM) 2003 (Heft 19), S. 750 ff.
• November 2002:
  Literature review: „The formal requirement stipulated in art. 566 BGB“ in: Neue Zeitschrift für Miet- und Wohnungsrecht (NZM) 2002 (Heft 22), S. 937
• May 2001:
  Practical advice: „Leasing of sites for mobile radio basis stations” (together with another author) in: Neue Zeitschrift für Miet- und Wohnungsrecht (NZM) 2001 (Heft 9), S. 401 ff.

• English