A landlord may give extraordinary notice of termination to the partner of an original tenant if he conceals her death. This was decided by the Munich Local Court (AZ: 417 C 9024/22). In this case, the local court ordered an eviction period of several months and obliged the partner (defendant) to return the apartment.
The original tenant had signed a rental agreement with her landlord for a two-bedroom apartment in Milbertshofen in 1975 and lived in the apartment with her partner. The original tenant died in September 2020, but her partner did not inform the landlords until a year later. Due to this late notification, the landlords expressed considerable doubts about the defendant's reliability and gave him extraordinary notice of termination.
The judges confirmed that prompt notification of the death of a tenant to the landlord is one of the secondary contractual obligations. The failure to notify the landlord constituted good cause for termination, as it shook the trust in the defendant's future contractual loyalty. Furthermore, there were no reasons of hardship that could justify a continuation of the tenancy. The judgment is final.
Source: justiz.bayern.de
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