A landlord and a tenant argued about the effectiveness of a closed business for 10 years lease. Contrary to the original agreement, the tenant in 2006, said ahead of the termination. Tenant was a public limited company (AG). In 2002, the parties had entered into an addendum to the lease. Here, the AG was represented by its two directors. Signed the agreement but was only one of two board members.
The Bundesgerichtshof (BGH) had to decide now whether the AG to the agreed contract period was bound for 10 years. The Supreme Court decided here in favor of the tenant, because the required written form of the lease was not available. Because the sole signature of one board was not clear whether he had signed for the other officers. The lease was entered accordingly § 550 BGB for lack of writing for an indefinite period. The tenant could therefore at any time.
order to make sufficiently clear that a tenant wants to act by signing for another, there is need for an additive representation (BGH, Judgement of 04.11.2009, Az . XII ZR 86/07). may go
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