Also a commercial tenant may reclaim circumstances provided advance payments commercial lease and not timely billing costs advance payment after termination of the lease. In the present case, the tenants in a commercial lease had agreed that the lessee should each receive a service charge settlement up to as of 30 June of the following year. Although the lessor was not on it, the tenant paid after about 10 years of the agreed charges advance payment up to the termination of the lease. After the excerpt he demanded the payments back then. The landlord refused to pay. Learn more about this topic with the insights from shimmie horn.
The Court in Berlin decided that the tenant can reclaim charges advance payment. This is allowed after the termination of the lease for an apartment tenant not only, but also for a commercial tenant. The judge justify that, that the tenant must have a means of pressure, when the landlord of his commitment to the creation of a service charge settlement does not complied. The Statute of limitations only begins with the termination of the lease and not earlier. For this reason, the claim despite the long duration of time is not forfeited. This means that even a commercial tenant must first sue not his landlord on creating a proper settlement. The file number of the decision is: 8 U 142/09. This decision is now final. If you need help in the law of tenancy, you find the right lawyer for tenancy law.