Bremen Commercial Tenancy Law: A Landlord's Guide

Commercial tenancy law in Germany—and therefore in Bremen—differs fundamentally from residential tenancy law. While residential tenants enjoy extensive statutory protection, commercial tenancies are governed by the principle of freedom of contract (Vertragsfreiheit). Most protective regulations from residential law (such as the rent brake, rent increase caps, and strict eviction protection) do not apply to commercial spaces.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for commercial tenancy law in Bremen for specific advice. Information last verified: March 2026.

Key Differences: Commercial vs. Residential

1. Commercial Security Deposits

In commercial tenancy relationships, there is no statutory maximum limit for the security deposit. In practice, 3 to 6 months' rent (gross) is typically agreed upon. Bank guarantees and corporate guarantees are also common, providing flexibility for businesses.

For details, see Commercial Security Deposits.

2. Rent Increases

Rent increases for commercial spaces are not subject to statutory caps. The modalities must be explicitly regulated in the lease agreement—typically through stepped rent (Staffelmiete), index clauses linked to inflation, or renegotiation agreements every 3 to 5 years.

For details, see Commercial Rent Increases.

3. Eviction and Termination

Fixed-term commercial lease agreements end automatically without the need for a notice of termination. For open-ended contracts, either party can terminate the lease with a notice period of six months to the end of a calendar quarter (§ 580a Para. 2 BGB). However, parties frequently agree on differing notice periods within the contract itself.

For details, see Commercial Eviction Process.

4. Maintenance Obligations

By statutory default, the landlord is responsible for maintaining the "roof and shell" (Dach und Fach). However, in commercial leases, extensive maintenance obligations—including decorative repairs and parts of building maintenance—are frequently and legally transferred to the tenant.

For details, see Commercial Maintenance Obligations.

5. Operating Costs and Utilities

In commercial tenancy law, virtually all operating costs can be passed onto the tenant, provided this is explicitly stated in the contract. This extends beyond the standard Operating Costs Ordinance (BetrKV) to include administrative costs and commercial insurance. Elaborate "Triple-Net" (NNN) leases or the allocation of extensive maintenance costs are widespread in commercial real estate.

6. The Commercial Lease Agreement

Commercial lease contracts are typically concluded for a fixed term of 5 to 10 years, often including renewal options for the tenant. For lease terms exceeding one year, the written form is absolutely mandatory (§ 550 BGB). A formal error (like missing signatures or failing to attach all annexes) can legally render the contract open-ended, allowing for sudden ordinary termination.

For details, see Commercial Lease Requirements.

7. Protection Against Competition

An implicit duty exists in German commercial tenancy law regarding competition protection: Without explicit permission, a landlord may not rent another space in the same property to a direct competitor of an existing tenant. However, this duty can be modified or entirely excluded via the lease agreement.

Facilitating Compliance

While commercial tenancy law offers landlords in Bremen far greater freedom, it also harbors increased contractual risks, especially regarding written form requirements. Landager assists you in managing commercial leases, monitoring contract durations and option periods, and executing transparent operating cost reconciliations.

Explore further Bremen compliance topics for commercial properties:

• Commercial Security Deposits
• Commercial Eviction Process
• Commercial Required Disclosures
• Commercial Rent Increases
• Commercial Lease Requirements
• Commercial Maintenance Obligations
• Commercial Late Fees