The legal dispute over rent payments by the Viennese coffee house Café Landtmann that were not made during the pandemic continued on Friday without the presence of the accused Landtmann tenant Berndt Querfeld. Querfeld was excused for illness. Many legal questions remain open. An early decision or agreement is therefore not in sight.
Last year, the landlords of the well-known inner-city coffee house went to court. The landlord is the Wlaschek Foundation of the late Billa founder Karl Wlaschek. The allegation is that Querfeld has arbitrarily suspended rent payments during the lockdown months and sharply reduced them in other months. Querfeld, in turn, is right about the business losses caused by the lockdowns during the pandemic. The disputed value is several hundred thousand euros.
Landlords want to come to an agreement with the family
During today’s hearing, the judge questioned two witnesses: the former manager of the previous landlord of the coffee house and the manager of the current landlady. It also appeared that after reports in the media about the rental dispute, several brokers with new perspectives for Café Landtmann had approached the current landlady. They were willing to pay the same or more rent for the business premises and fully accept the corona risk. A new lease is currently not on the agenda for the owner. A spokeswoman for the Wlaschek Foundation once again assured the APA that they “don’t want the tenants gone”. The aim is to keep Café Landtmann as it is and to come to an agreement with the Querfeld family.
So far, ten Supreme Court rulings have been made about rent reductions during the corona pandemic. Several suggest that businesses had a legitimate right to withhold rent during lockdowns when the leased space was unusable for its intended use. This also applies to the vacant Café Landtmann during the corona-related lockdowns, as the defendant’s lawyer had already explained in more detail at the previous court hearing.
Staying away because of “corona fear” is not a reason
Since the court’s last date on May 13, 2022, there have been two new Supreme Court rulings on the subject that support the plaintiff’s argument. Not every drop in turnover would therefore immediately justify a rent reduction, but only if it was demonstrably caused by the pandemic. The problem: This only happens with official entry bans, ie if a store had to remain closed due to lockdowns. The Supreme Court (OGH) also left open whether and to what extent a rent reduction in the periods between the lockdowns with minor restrictions was allowed – for example through the “2G” scheme, distance rules or specified opening hours.
However, the Supreme Court made it clear that staying away from customers just because of ‘corona fear’ is not a reason to pay less rent. That is part of the business risk.
Coffee house experience not working for takeout
The representatives of the Wlaschek Foundation state, among other things, that Café Landtmann was at least partially usable during the pandemic due to the temporary establishment of a take-out and delivery service. In this regard, Querfeld said on the last negotiation date that he had not become a “takeaway emperor” during Corona, as the coffeehouse experience does not work for takeout. The delivery service was also extremely uneconomical and was therefore discontinued after several months.
“Until this legal dispute is settled, there will be ten more Supreme Court rulings,” said a lawyer for the Wlaschek Foundation. “In many cases, the last word has not yet been spoken,” said the legal representative of the Querfeld family. Until the decision is made, many pastries and blends will likely be served in the Landtmann.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
