The termination of a tenancy by the landlord is strictly regulated by law and can only take place under certain conditions. Incorrect or incomplete notices of termination can quickly lead to lengthy legal disputes. Landlords should therefore know exactly when and how a termination is legally permissible.
Ordinary termination only with legitimate interest
Ordinary termination of the tenancy is only possible if the landlord has a legitimate interest. Typical reasons for termination are
Personal use: The landlord or close relatives need the apartment themselves.
Breach of contractual obligations: The tenant consistently fails to pay on time or persistently disturbs the peace of the house.
Economic utilization: Maintaining the tenancy prevents appropriate economic utilization of the property.
Form and content of the notice of termination
The termination must be in writing and contain a clear justification. General statements such as "due to personal use" are not sufficient. Landlords must explain exactly who needs the apartment and why there is a legitimate interest. If this justification is not provided, the termination is invalid.
Observe notice periods
The statutory notice period is three to nine months, depending on the length of tenancy. The longer the tenant has lived in the apartment, the longer the notice period. Caution is also required here: Setting an incorrect deadline can invalidate the entire termination.
Conclusion
An effective termination requires careful preparation and precise knowledge of the legal regulations. Landlords should never issue notices of termination hastily and, if in doubt, seek legal advice in order to avoid subsequent legal disputes.
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