Checklist: This is how your immediate termination as a landlord is legally binding

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Introduction: When is a dismissal “legally binding”?

A termination is only considered “legally binding” if it fully meets the requirements of law and case law. Mistakes result in the tenancy agreement continuing — or threatening lengthy lawsuits.
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Form and access — essential for effectiveness

• termination always in writing and with original signature of all landlords
• No fax/email/phone as a replacement!
• If there are several landlords/tenants: All must be listed/have signed
• Document access securely (preferably a registered letter or delivery with witnesses)
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Content: Which “must-haves” belong in the termination?

• Clear declaration of termination without notice; ordinary termination, if necessary, in the alternative
• All reasons for termination with specific facts/data specify
• Reference to objection in case of ordinary termination, in case of immediate notice of lack of right of objection
• Request for immediate eviction; specify deadline
• Reference to previous warning (attach a copy if necessary)
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Secure evidence and receipts

• Rental agreement, warnings, evidence (photos, witnesses), filed in court?
• Incidence and details of breaches of duty (date, time, witness, noise report, if applicable)
• Payment arrears documented precisely
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What to do in case of dispute? (Court Proceedings & Burden of Proof)

• In the event of a dispute, the court decides: Clean documentation is the be-all and end-all.
• Landlord bears full burden of proof for entry, content, breaches of duty and proper procedure
• Consultation with tenancy law experts saves time, money and nerves in many cases.
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Practical tip for landlords in Telgte, Münsterland and Germany
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Use our professional checklist and have your letters checked in advance!
Attorney Depenbrock from Telgte is available to you with legally secure support for every stage of the termination process.
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Cover photo: Getty Images

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