Tenancies can end for a variety of reasons. I advise and support you on your rights and obligations in connection with the termination of tenancies of residential and commercial premises.
Ending of lease agreements
Lease agreements can end for the following reasons:
- Fixed-term tenancies end with the lapse of the agreed duration.
- Tenancies of indefinite duration must be terminated:
- Ordinary termination
- Termination due to default of payment by the tenant
- Termination due to disregard for care and consideration
- Extraordinary termination due to unconscionableness
- Termination by the heirs on the death of the tenant
- The formal requirements must be observed when giving notice of termination.
- In the event of the tenant’s bankruptcy, the landlord may terminate the tenancy without notice if no security is provided for future rent payments.
- Tenancies may be terminated by returning the rented property early (provision of a subsequent tenant).
- Tenancy agreements may be terminated by mutual consent (termination agreement).
- Tenancy agreements for business premises may be terminated by transfer to a third party.
- Membership of the tenant in the cooperative for cooperative flats usually requires a reason for exclusion from the cooperative
Faulty terminations
Terminations are invalid if they are not issued on the prescribed form. They can be contested if they violate good faith or meet one of the legally established grounds for contestation. Extraordinary terminations are ineffective if the requirements are not met.
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