Making Renovations and Alterations to Leased Property

Making Improvements and Alterations to the Leased Property

The lessor has the right to make improvements and alterations to the leased property that do not necessitate the termination of the lease agreement and that the lessee can be expected to tolerate. When making improvements and alterations to the leased property, the lessor must take the lessee's interests into account. The lessor is liable for any damages that may arise in the leased property. Furthermore, the lessee has the right to request a reduction in the rent specified in the lease agreement due to such improvements and alterations, as well as compensation for their losses. By acting contrary to the lease agreement, the lessee does not have the right to make changes to the leased property without obtaining the written consent of the lessor. However, the lessee may make changes or improvements to the leased property by obtaining the lessor's written consent. For evidentiary purposes, this consent must be obtained in writing. A lessor who permits improvements and alterations can no longer demand that the lessee restore the property to its original condition. However, if the improvements and alterations in the leased property have not been agreed upon in writing, the lessor's request to restore the property to its original condition is valid. Removing a wall between two sections of the leased property without permission constitutes a breach of the lease agreement. If a lessee makes useful expenses on the leased property without obtaining the lessor's written consent, they cannot deduct these costs from the rent. The lessee only has the right to demand from the lessor the necessary and useful expenses they have incurred on the leased property. In residential and roofed workplace leases, the lessee cannot sublease or transfer the leased property to another person without the lessor's written consent. If the matter of a sub-lessee is accepted by the lessee and the lessor in the lease agreement, the lessee is responsible to the lessor. In such a case of a sub-lessee, the lessor may exercise the rights they have against the lessee also against the sub-lessee or the transferee of the right of use. The transfer of the lease relationship is not possible without the written consent of the lessor. In workplace leases, the lessor cannot withhold consent for the transfer of the contract without a justifiable reason. With the written consent of the lessor, the person to whom the lease relationship is automatically transferred replaces the lessee in the lease agreement. In such a case, the original lessee who transfers the lease is released from their obligations arising from the lease agreement toward the lessor. In workplace leases, the transferring lessee remains jointly and severally liable with the transferee until the end date of the lease agreement and for a maximum period of two years. However, it has been stipulated that this provision shall not apply to merchants, or legal entities under private or public law, for a period of eight years from 01.07.2012.