Commercial Tenancy Law: Extraordinary Termination Only in the Event of a Specific Disturbance (Higher Regional Court of Hamburg, 4 U 1/25)

The Higher Regional Court (Oberlandesgericht, OLG) of Hamburg (judgment of 1 August 2025 – 4 U 1/25) ruled on the validity of an extraordinary termination of a commercial lease. In the case in dispute, a tenant wanted to terminate early because she saw economic uncertainties: she did not know whether she would be able to exercise the extension option of the lease successfully. At the time of termination, however, she was able to use the premises without restriction, and ongoing operations were not impaired.

The tenant argued that her economic planning certainty was at risk. The court, however, made clear that a termination requires a disturbance of the use in accordance with the contract that has already occurred or is imminent. Mere fears about possible future problems are not sufficient. Only where it becomes specifically apparent that the landlord will not fulfil its obligations and that a disturbance will occur in the near future can this justify a termination. Only then is the situation qualitatively comparable to a disturbance that has already occurred.

Against this background, the OLG declared the tenant's termination invalid. The decision shows that the use of the rented premises at the time of termination is decisive – economic concerns alone do not establish a right of termination without notice. An extraordinary termination in commercial tenancy law is only justified if the disturbance of the use in accordance with the contract is specifically imminent.