The 15 most common mistakes when terminating without notice in tenancy law — and how to avoid them
15 typical landlord termination mistakes — and how to avoid them! Attorney Depenbrock for tenancy law in Telgte explains. Better, sure, cancel.
With several years of experience as a lawyer, I have professional expertise and the necessary knowledge to effectively solve your legal concerns.
Introduction: Why are termination errors so common?
Many landlords underestimate how strictly courts review the formalities for immediate cancellations. Even minor mistakes make the termination ineffective — and as a result, the tenant stays in the apartment, resulting in expensive lawsuits.
Overview: The 15 most common mistakes and their consequences
- Cancellation not in writing/no original signature
- Cancellation is made by e-mail, fax or telephone
- Termination is addressed to the wrong addressee (e.g. only one tenant, instead of all)
- Not all landlords sign
- Termination subject to one condition (“if... then...”)
- Period of notice or reason for termination wrongly calculated/stated
- Dismissal not sufficiently justified or blanket allegations
- Not all breaches of duty listed/only partially documented
- No warning attached (if required)
- The original power of attorney is missing in the case of representation/property management
- Receipt of notice cannot be proven (no letter of objection or witness)
- In the alternative, ordinary notice of termination given in due time
- Reference to the right of objection (§ 574 BGB) is missing/is incorrect
- Incorrect date due to cancellation period
- No objection to the tacit contract extension in accordance with Section 545 BGB
Sources of error in detail:
Not terminated in writing?
The termination is void! Therefore, always: paper form with original signature and proof!
General justification?
Describe every breach of duty exactly (include a copy of the date, time, witnesses, warning)
Forgot the warning?
Immediate termination without warning is only permitted in exceptional cases
Representative without authority?
Always include an original power of attorney, otherwise the tenant can refuse “due to lack of power of representation” (provided that he declares this immediately)
Practice advice: How to prevent mistakes
- Have every termination checked by a specialist — small mistakes are often expensive.
- Always adapt patterns individually.
- Include all deadlines, receipts, warnings, such as copies.
- Secure access (registered letter, witness).
- Make copies of the signed letter of termination for a later process!
Practical tip for landlords in Telgte and Münsterland
If in doubt, do not give up hastily! It's better to get advice beforehand than to fail later.
In the Telgte area and Münsterland — but also beyond these borders — lawyer Depenbrock will be happy to assist you personally — for a legally secure and enforceable termination.
Cover image: Photo by CJ Dayrit upon Unsplash
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