Die Kriterien zur Konturierung des mietrechtlichen Umweltmangels in der Wohn- und Gewerberaummiete

The coronavirus pandemic and soccer fields have something in common: both are the subject of literature and case law in the context of tenancy agreements under the heading of “environmental defects.”
With regard to commercial leases, the paper deals in particular with the concepts of “immediacy” and foot traffic. According to the assessment in Section 536 I sentence 1 of the German Civil Code (BGB), foot traffic should not be attributed across the board to the tenant's risk of loss, even in light of “immediacy.”
The discussion about the “Bolzplatz decision” in the context of residential leases, on the other hand, should not only be enriched with further arguments; fundamental insights are gained that result in an interplay between the rental defect and the location within the meaning of Section 558 II sentence 1 BGB.