Decision of the Berlin Regional Court on the Eviction Obligation of the AfD Federal Office
On October 2, 2023, the Berlin Regional Court issued a decision significant for the political party landscape (Case No.: 3 O 151/25). Specifically, the ruling obliges the party “Alternative for Germany” (AfD) to vacate its currently used federal office no later than the end of 2026 and to return possession to the landlord. The decision follows a civil law dispute between the party and the landlord, who provided the building at Lützowplatz in Berlin-Mitte.
Background of the Rental Agreement and Dispute Subject
The property in question serves as the AfD’s central federal organizational site. There is a commercial lease agreement with the landlord – a real estate company. Over time, disagreements apparently arose between the contracting parties regarding key provisions in the lease, particularly concerning its duration and potential extensions.
The landlord denied the continuation of the lease beyond a certain period and sought a court ruling on the obligation to vacate. Of special relevance is that the legal dispute centered on the interpretation of option and extension clauses in the contract and their potential validity.
Central Legal Assessment by the Regional Court
Contract Interpretation and Deadlines
The Berlin Regional Court analyzed the contractual foundation based on §§ 133, 157 of the German Civil Code (BGB), which govern the interpretation of declarations of intent and contracts considering good faith and the objective recipient perspective. Particular scrutiny was applied to whether contractual agreements on lease duration and possible extension options were validly and clearly agreed upon.
Ultimately, the court followed the landlord’s position that the lease ends at the expiration of the fixed term without validly exercised extension options. The AfD was informed that it must vacate its organizational premises by the end of 2026 at the latest.
Implications for Political Use of Real Estate
The decision emphasizes the necessity of a transparent contractual basis, especially regarding the use of real estate by political parties. Since parties critically depend on having suitable premises for their decision-making and administration, a judicial ruling as in the present case leads to far-reaching organizational consequences. In particular, the planning security of political actors can be affected by the requirement to change location.
Legal Classification in the Context of the German Political Parties Act
Party Privilege and Particularities in Tenancy Law
Although political parties generally enjoy protection under the Political Parties Act (PartG), they are subject to civil law like other legal entities when renting office spaces. This means that, regardless of their political function, they must observe lease agreements and, in case of conflict, appeal to the state civil courts. The Berlin ruling confirms this once again and demonstrates that parties are basically exposed to the same risks and opportunities under tenancy law as other tenants.
Significance for Commercial Lease Agreements
With respect to commercial leases, it must be noted that extension options and waivers of termination are subject to special provisions. Higher requirements for form and clarity of agreements arise especially because for long-term contracts both planning security and flexibility are to be ensured equally. Correspondingly, the Berlin Regional Court precisely interpreted the contractual wording in its decision and applied it bindingly to the parties.
Consequences of the Judgment and Open Legal Questions
The decision has immediate legal effect for the affected party but is still subject to the appellate process. Appeals or other legal remedies are regularly possible in civil court decisions and can thus keep the matter open. Until a final ruling is reached, the definitive obligation to vacate remains subject to further judicial review. A final ruling, however, would have binding effect on the parties.
It remains open to what extent future political tenancy agreements should specifically consider provisions regarding term duration, extension options, and termination rights, in order to prevent protracted legal disputes.
Source and Notes on Current Developments
This report refers to the judgment of the Berlin Regional Court dated October 2, 2023 (Case No.: 3 O 151/25), published among others on https://urteile.news/Landgericht-Berlin-II_3-O-15125_AfD-muss-Bundesgeschaeftsstelle-bis-spaetestens-Ende-2026-raeumen~N35459. The subject matter and content of the decision are based on the facts and legal situation known at the time of publication. The presumption of innocence applies until all legal remedies have been exhausted and the proceedings are concluded.
Conclusion
The judgment of the Berlin Regional Court underscores the importance of clear and legally secure structuring of commercial lease agreements – especially in the political context – once again bringing this into focus. Compliance with the contractual stipulations is fundamental for all parties involved.
For questions regarding tenancy law situations related to commercially used properties, especially for organizations or political parties, the lawyers at MTR Legal are available nationwide for consulting.
