Termination of lease agreement-permissible?
Termination of lease agreement-permissible?
You have always paid the rent on time and have never received a complaint about being too noisy. Suddenly you get a letter that the landlord has terminated the lease. You wonder if this is even permissible. Under what conditions can the landlord terminate the contract?
You are a tenant and have a limited / permanent lease and ask yourself when you can terminate the contract. What is necessary for this and what must be observed? Especially in matters relating to tenancy law, a lawyer can also consult and assist you, so that you are clearly informed about your rights.
Eine Kündingung durch den Vermieter kann nur unter gewissen gesetzlich geregelten Bedingungen durchgeführt werden.
When can the landlord terminate my lease agreement?
As a tenant you have protection from termination.
That means a landlord cannot terminate a contract/agreement without your consent and can not throw you on the street, unless he gets a court order, for which he needs grounds for termination.
The most common grounds of termination:
-Delay with rent payments despite warning
- Considerable disadvantageous use of the apparment, gross neglect of the apparment, disturbance of communal life through inappropriate behaviour, criminal activities against the landlord or fellow inhabitants.
-Complete transfer of the appartment or subletting it at excessive rent
-Death of a tenant and no existing substitute
-Not utilizing the apparment
-Personal need of the landlord (the landlord urgently needs the appartment for a relative)
-Demolition case (the building has to be rennovated, repaired, or demolished)
When can I terminate my lease agreement as a tenant?
As a tenant you can principally terminate your contract without grounds. However after you terminate your contract you have observe a deadline.
Also a limited lease agreement can be terminated by the tenant after one year. en.
If there is an important reason, tenants can terminate the lease agreement by means of an informal declaration even before the notice period has expired
Can I as a tenant terminate my lease agreement ahead of time?
If there is an important reason, tenants can terminate the lease agreement by means of an informal declaration even before the notice period has expired. Once the landlord receives the notice the lease agreement has been terminated.
In order to terminate a permanent lease agreement ahead of time certains requirements have to be met, meaning grounds for termination, have to be evident, such as:
-The apparment is unusable
-The apparment is a health hazard
In practice a lease agreement can only be terminated ahead of time if the appartment cannot be inhabited. This can be the case when the mold infestation is so severe that living in the appartment becomes a health hazard for the tenant.
The landlord and the tenant must both adhere to legally stipulated deadlines in the event of termination.
Your lease agreement ends (if you signed a limited one) upon expiry of lease agreement, which is noted on your agreement. If the lease agreement is terminated ahead of time certain deadlines have to be observed.
Which deadlines apply to the landlord?
The deadline for an eviction by court order is
1 month if the rent is paid every month- otherwise
3 months, always from the last day of the month.
Which deadlines apply to the tenant?
Limited lease agreements have a deadline of termination of
3 months. A written termination of the contract is only possible afterone year upon observing a deadline of termination of three months.
Permanent lease contracts have a deadline of termination ofone month.
The deadline of termination of the lease agreement begins upon receipt of the termination by the landlord.. If you have to observe a deadline of one month and want to, for example, move out on the 31.10, your letter of termination has to arrive at the landlord by 30.09.
I have found a new tenant. Can I terminate ahead of time?
If you terminate a limited lease agreement or want to move out of the apparment before your lease expires, you can look for a new tenant.
If the landlord does not support your choice, meaning he disagrees, you have to pay rent until your lease agreement expires.
As soon as an appropriate new tenant is found, a new lease agreemtent is usually drafted. Many landlords use this opportunity to raise the rents. That is allowed, however the increase has to stay within legal limits.
In case of termination subtenants do not have a right of tenancy.
I am a subtenant. How does a termination work?
If you are a subtenant and the main tenant is terminates his lease agreement, he is legally obligated to inform you as soon as possible. The main tenant can then recommend him to the landlord, but is not required to do so.
As opposed to the landlord he does not have to give official reasons. The argument that he does not want to be the main tenant anymore is enough. An appeal against the termination is difficult for you.
As a subtenant you have no right to tenancy and are therefore dependent on the favor of the main tenant in case he terminates the contract.
Contact
We will review your lease agreement free of charge and also examine if a rent increase is permissible": contact me under my WhatsAp number 06507283562
When contacting us via the form below, we ask you to send us your lease agreement.
Then we can help you quickly and efficiently.
If you have any questions concerning the termination of your lease agreement and if it was permissible, more Information here.
If you have any questions concerning your utilities bill and if it was too high, more information here.
Contact us
Termination, i was terminated, what now?, termination permissible, lease agreement termination, subtenant, landlord, tenant, deadline, reasons for terminating, reasons for cancellation, comlaints, appeal, delay, paying rent, rent object, apparment, flat, inform, court order, eviction order, deadline for termination