The cancelation period with tacit renewal of the commercial lease

Since article 14 in the law for commercial leases does not provide for any special possibility of termination for the tenant, some legal scholars were of the opinion that the tenant can therefore only cancel under the conditions of Article 3 of the HHW, namely at the end of every three-year period, taking into account a notice period of 6 months.

However, it has already been ruled in case law that the agreement can be terminated in accordance with the provisions of the common rental law whereby the tenant can cancel at any time with a notice period of one month (Article 1736 of the Civil Code).