When landlord may terminate for any reason, and what are the deadlines?

Termination by the landlord

Unreasonably withheld terminate ( live in apartments or tenants and landlords in a two-or three-family houses under one roof), the landlord only in certain exceptional cases. In all other cases, he must make a legally recognized reason for termination claim.

The following are possible reasons for termination:

First Failure

The tenant may be terminated if he’s in the lease does not meet specified requirements, or use the dwelling in breach of contract. This is for example the case if he did not hire his or always punctual payment when he insulted the landlord if he violates the house rules or sublet without permission.

Second Own use

The landlord may terminate if he needs the apartment for himself or his family members. This termination is invoked most often asserted.

Third Economic disadvantage to the landlord

If the landlord take the subletting significant economic disadvantages must, may also be terminated. This is the case, for example, if a rental home or condo in the leased state would achieve a much lower purchase price. Attention! In the eastern provinces of the reason for termination only applies to leases, the second after the October were completed in 1990. Power of the landlord notice any of the above grounds of appeal, which must be for the tenant does not actually mean the loss of his apartment. The Social Clause (hardship clause) of the Civil Code provides that the affected tenants may raise an objection in special hardship cases. In court then finds a balance between the interests instead of the tenant and the landlord. The social clause does not apply to contract hire without any job security.

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Termination by the tenant

The tenant may terminate the lease without notice for any reason. Exceptions to this rule are temporary leases. Here, the tenant can only under certain conditions, early exit from his contract:

Death of the tenant, the “heirs” of the lease (usually a spouse or children) terminate the contract with a period of three months.

+ Soldiers, civil servants or ministers being transferred to the statutory period of three months’ notice.

+ Does the landlord extensive modernization work on, the tenant may terminate the end of next month the lease.

+ An increase of the rent is also a reason for dismissal (except rent increases due to higher operating costs).

May terminate without notice the tenant only if he can not use the apartment according to the contract. This is for example the case when the housing threatens the health of the landlord – if, for example in winter always turns on the heating or continuous noise causes a large construction site. Previously, the landlord must be made aware of these serious shortcomings, however. The tenant has to give him a reasonable time to remedy those deficiencies.

The tenant moves out, although there is no reason for dismissal, he must pay until the expiration of the time the contract rent. By subletting, the landlord may not prohibit the unreasonably, the tenant may recoup his money. The inclusion of any Nachmieters release the tenant only under certain circumstances by further paying the rent (such as serious illness or transfer to another city). Many tenants are therefore at the conclusion of a lease to a tenant-time clause. The pattern of the lease to the Federal Minister of Justice contains the following provision:

The tenant is entitled to the tenancy agreement early in compliance with the statutory deadline – that’s on the third business day of each calendar month for the end of the second month – cancel, giving the tenant at least three economically and personally reliable and, if necessary, to purchase the home legitimate proposed replacement tenant, which are already entering into the lease for the remainder of the lease, and if the landlord refuses to allow to enter one of the designated replacement tenant in the lease.

Commercial

Commercial real estate offices and there is little other than a three-month notice period tenancy provisions. Tenants and landlords can negotiate (almost) as you desire their leases and the rent agreement. The rents are based solely on supply and demand. Also for the rental period, there are no legal provisions. Only grant leases for the landlord must index a rental period of at least ten years.

Termination form

A notice is valid only in written form. The tenant or landlord must sign personally. A notice by telegram is therefore invalid. The Tenant may reject the notice without delay (for professionals within one to two weeks). If he fails that the notice is legally effective. A resignation letter should be sent preferably by “registered mail with return receipt requested.” In this case you get back a postcard on which the landlord or the tenant to certify with his signature that he has received the termination letter!

Lease term with dismissal

A time-limited lease a tenancy for a specified time. An example: the tenant and landlord agree that the tenancy ends on 5/31/2020. At this point, the lease will then stop automatically and without prior notice. Attention! Will the tenants continue to live even after the expiry of this period, he may require the two months before the expiration of the lease by the landlord. In this case, the tenant then enjoys full protection against dismissal.

Term lease with no termination protection

The Parties may already at the conclusion of his contract, the housing further exclude the tenant after the expiry of the contract. In this case, the tenant must vacate by the end of the lease term the dwelling. Although he may ask the landlord for an extension of the lease, but this receives no protection against dismissal. Such a term lease is only valid if the agreed rental period is five years.

Notice periods

Tenants and landlords have to comply with the termination of a dwelling on certain statutory deadlines. The length of these periods depends on the rental period. Rental period of notice:

¤ to 5 years 3 months
¤ more than 5 years 6 months
¤ more than 8 years 9 months
¤ more than 10 years 12 months

The Parties may also agree to provide for longer notice periods than required by law. Shorter periods are possible (in this case, they only apply to the tenant, and the landlord must comply with the statutory deadline).