Freitag, 12.07.2024
Can I terminate the lease of my tenant without a specific reason for termination?
These regulations apply to you as a landlord.
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
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In the latest legal update from caspers mock Rechtsanwälte, specialist lawyer Lars Christian Nerbel looks at the options available to landlords for terminating tenancies without a specific reason for termination. This is regulated by § 573a BGB, which applies in particular to apartments in buildings that the landlord himself lives in and which comprise only two residential units.
- Explanation of the special right of termination: Under certain conditions, landlords can terminate the lease with less difficulty without having to provide a specific reason for termination. This applies in particular to small residential buildings in which the landlord himself lives in an apartment.
- Formal requirements for termination: Despite the lack of grounds for termination, formal criteria must be met, such as the exclusion of effectively fixed-term leases or the need to explicitly refer to the special right of termination in the letter of termination.
- Protection of the tenant: The tenant enjoys additional protection through an extension of the statutory notice period by three months, which can extend the notice period to up to nine months, depending on the lease term.
The article emphasizes the importance of a close examination of the termination requirements and conditions for both landlords and tenants in order to avoid legal errors and their consequences.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.