Tenants who are given notice of termination without notice (extraordinary termination) due to rent arrears can normally still undo this. To do so, they must settle the rent arrears within two months. This practice is known as grace period payment.
However, the grace period payment does not apply if the tenants are given ordinary notice of termination as well as notice without notice. In this case, the tenants must still move out. This was recently decided by the Federal Court of Justice in Karlsruhe (BGH, VIII ZR 91/20).
In this case, the defendant received a termination without notice, or alternatively an ordinary termination, from his landlord (plaintiff) when rent arrears of EUR 2,600 accrued. The defendant had reduced the rent in 2018 due to alleged defects. He paid the rent arrears after receiving the eviction notice. The landlord had already sued for payment and eviction in the lower courts and was ultimately ruled in favor by the BGH.
Source: BGH, AZ: VIII ZR 91/20/hausundgrundneuss.de/hausundgrundmietverträge.de
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