A German restaurant lease (Pachtvertrag) is more than a rental contract: it typically covers the whole business — premises including inventory, kitchen and sometimes the customer base. It is the most economically consequential signature of a founding: an excessive lease cannot be compensated by even the best operation. Rule of thumb: lease including service charges should not exceed 10% of net revenue.
Enter lease and realistic revenue — the burden ratio with traffic light appears instantly.
Benchmarks: 🟢 ≤ 10%, 🟡 10–13%, 🔴 > 13%. Prime locations with strong walk-in trade can justify slightly more — then cost of goods and payroll must run all the tighter (see BWA).
| Rent | Lease | |
|---|---|---|
| Object | Premises | Premises + inventory/equipment, often the "running business" |
| Law | Rental law (§§ 535 ff. BGB) | Lease law (§§ 581 ff. BGB) — incl. inventory maintenance |
| Typical | Empty space for own fit-out | Takeover of an existing restaurant |
Absolute figures depend on location and size — the relevant measure is the ratio: lease + charges ≤ 10% of net revenue. Calculate backwards: at €5,000 total lease you need a sustained €50,000 monthly revenue.
A lease share in percent of revenue (commonly 5–10%, often with a minimum). Advantage: lower fixed-cost risk in weak months. Important: exact revenue definition and fair audit rights.
Absolutely — specialist lawyer plus a business counter-calculation. Review costs are a fraction of what one bad clause costs over 10 years. In parallel: building-law use and the restaurant licence.
Taking over a running business usually triggers § 613a BGB (transfer of business): employment contracts transfer with all rights. Request staff lists, wages and holiday entitlements beforehand.