As a landlord, you cannot simply terminate a tenant’s tenancy without further ado. German tenancy law protects tenants to a high degree and there are strict rules on when and how a landlord can terminate a tenancy. Here are the most important points:
1. reasons for termination
Ordinary termination is only possible if there is a legally recognized reason for termination. The most common reasons include
- Personal use: You or a close relative need the apartment yourself.
- Breach of contractual obligations: For example, repeated delays in payment or disturbance of the peace of the house.
- Termination for use: If you want to demolish or extensively convert the building and this is not compatible with the tenancy.
2. notice periods
- Ordinary termination: The notice period depends on the duration of the tenancy and is at least 3 months, but can increase to up to 9 months for longer tenancies.
- Extraordinary termination without notice: This is only possible in the event of serious breaches by the tenant, such as payment arrears of at least two months’ rent or criminal acts against the landlord.
3. formal requirements
- Notice of termination must be given in writing and clearly state the reason for termination. Informal or verbal termination is not legally valid.
4. blocking period for termination for personal use
If you have recently bought the apartment, there may be a lock-up period (up to 3 years or longer, depending on the region) before you are allowed to give notice due to personal use.
5. hardship regulation
Tenants can object to the termination if there is a so-called case of hardship. This may be the case, for example, if the tenant is seriously ill or cannot find suitable alternative accommodation.
Before you give notice, you should definitely check the legal framework or consult a tenancy lawyer to ensure that your notice is effective.