Warning against immediate termination in tenancy law — What landlords absolutely need to know

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Introduction: Why a warning is often indispensable

Many landlords underestimate the importance of a correct warning in advance of immediate termination. Anyone who gives notice of misconduct without notifying the tenant of his misconduct and giving him the opportunity to remedy the situation risks the ineffectiveness of the termination, including costly legal proceedings. Lawyer Depenbrock from Telgte with a focus on tenancy law can help landlords to draw up legally effective warnings with proof of receipt in preparation for termination of the living space. It often happens that a landlord erroneously assumes a breach of duty by the tenant (although this does not exist at all) issues a warning that does not stand up to a legal review and can lead to expensive follow-up costs in court proceedings or profoundly worsens the tenancy agreement, which may have already been encumbered.

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Statutory basis: When is a warning mandatory?

Section 543 BGB (Civil Code) requires that the tenant must in principle be warned before giving notice, unless one of the strict legal exceptions applies. The warning gives the tenant the opportunity to change his behavior and still save the tenancy. A breach of this obligation may result in the termination being ineffective.

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Function and requirements for the warning

An effective warning has three functions — it points out, reprimands and warns. It acts as a “yellow card” in tenancy law: The tenant must be able to infer from the letter

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• What specific conduct is complained about,
• When this behavior took place
• and what legal consequences he must expect if repeated.

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Content and form: How must a warning be designed?

There is no legal form for the warning; in theory, it can be written or orally for reasons of provability However, written form including proof of receipt is always recommended. Important content:

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• Exact description of all reported incidents (date, time, type of infringement)
• Request for omission or remedy
• Threat of immediate termination in case of recurrence

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Exceptions: When can the warning be waived?

In the following exceptional cases, a warning before termination without notice is unnecessary:

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• In case of termination without notice due to late payment (if the rent is to be paid in calendar terms).
• When a remedy or warning obviously does not promise success (e.g. in the case of massive repeated threats of violence).
• If, taking into account all the circumstances, immediate dismissal is justified (for example in the event of mortal danger, serious criminal offences...).

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However, the assessment of whether such an exceptional case exists should always be carefully checked in advance of issuing a warning.

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Recommendation: Act correctly in case of conflict

The effectiveness of warnings is regularly checked during the eviction process. Many cancellations fail because the warning was too general or too general or even forgotten. As a landlord, you should definitely check (have) checked (have) checked whether and how a correct warning is required before any planned termination without notice.

Lawyer Depenbrock from Telgte, with a focus on tenancy law, recommends to all landlords in Münsterland: Provide a flawless formal and substantive warning so as not to lose your right of termination! With well-founded legal support, you protect yourself from formal errors and significantly increase your chances of success in court. Book your consultation appointment today.

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Please note: The content of our website is for informational purposes only and does not replace qualified legal advice that addresses the specific circumstances of your individual case. The legal situation can always change as a result of new court rulings or legal changes. If you would like a binding legal opinion or personal advice, we will be happy to help you. Get in touch with us anytime.

Cover photo: Getty Images

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