termination

The following statements apply primarily to the termination of rental agreements. Information on termination in labor law can be found here.

A termination means the unilateral termination of the rental agreement, i.e. it can come from either the landlord or the tenant. If the rental agreement is terminated by the landlord, the private tenant in particular is often faced with an existential threat.

It is therefore essential, and due to the legal deadlines that begin upon receipt of the letter of termination, to find out immediately about the existing rights and obligations. The only thing that can help here is the advice of a lawyer who works in the field of tenancy law.

The following information, which is intended to give you an overview of the legal situation, cannot replace professional advice!

When terminating rental agreements, a fundamental distinction must be made between ordinary termination, extraordinary termination without notice and extraordinary termination without notice.

In principle, only permanent rental contracts can be properly terminated.> The notice period depends on the type (residential or commercial) of the tenancy and, in the case of residential tenancies, also on its duration. According to Section 573 Para. 3 BGB, the landlord of living space must give reasons for the termination. In principle, he can only give notice to a tenant who is loyal to the contract if he has a legitimate interest in ending the tenancy. The termination must indicate the reasons asserted. § 573 para. 2 BGB gives examples of reasons for the landlord’s legitimate interest in termination. The main cases here are termination due to personal use and commercial exploitation.

The statutory deadline always applies to the tenant unless there is a contractual deviation from this in his favour. The widespread opinion that the tenant only has to provide the landlord with three new tenants in order to be able to leave a temporary rental agreement early is wrong.

= Termination without notice is based on Sections 543 and 569 of the German Civil Code (BGB).> The most important case is the tenant’s late payment. If the tenant is in arrears on two consecutive dates by an amount that exceeds one month’s rent, or if he is in arrears in total by an amount that reaches two months’ rent, the landlord can terminate the contract without notice.

In addition to the special requirements that apply to the individual types of termination, every termination of residential rental agreements must be made in writing. It must also be signed by hand by the person terminating the contract (or his representative – then with a corresponding note) and sent to the terminated contractual partner. Terminations that do not meet these requirements have no effect!

In principle, every tenant can defend themselves against termination, either out of court by entering into negotiations with the landlord or in court by filing an action for a declaratory judgment. Another option is to wait – as agreed with a lawyer – for the landlord to file an eviction action. In the event of termination due to late payment, paying the arrears within the grace period is also a way of depriving the termination of its effectiveness.

In principle, every tenant can defend themselves against a termination, either out of court by entering into negotiations with the landlord or in court by filing a lawsuit to determine the invalidity of the termination notice.

To ensure the prospects of proceedings, the termination must be checked by an experienced lawyer to ensure it is materially and formally correct.

Because of the complexity of the legal matter, you need professional support. STEINWACHS offers advice and representation from a lawyer who is not only experienced in the broad field of tenancy law but who has also been trained and tested in successful termination and eviction disputes.

For an initial consultation we regularly need:

To ensure the prospects of proceedings, the termination must be checked by an experienced lawyer to ensure it is materially and formally correct.