Excursus: In which cases can the tenant give notice without notice?

Introduction:

Not only landlords, but also tenants can terminate the tenancy without notice for serious reasons. However, this option is subject to strict conditions to prevent misuse. In order for you, as a landlord, to be able to counteract Telgte tenancy law in good time, you should know the most important cases and minimum requirements.

Statutory reasons for termination without notice by the tenant

1. Health risk in the rented apartment

Tenants may give notice if the use of the apartment would involve a risk to health or life (Section 569 (1) BGB). It is not enough that there are simply deficiencies or inconveniences — there must be a concrete, objectively verifiable health risk.

‍
Common examples include severe mold, pollutants or other significant adverse effects. The courts pose high hurdles: Simply a medical certificate is usually not enough — a medical expert report is usually required.

‍

‍

2. Breaches of contract by the landlord

A tenant may terminate the tenancy agreement extraordinarily if the landlord violates his obligations to a considerable extent and the continuation becomes unreasonable for the tenant. examples:

• You conceal significant deficiencies or falsely claim misuse of purpose
• You are not taking consistent action against annoying co-tenants (despite a warning)
• They refuse necessary repairs for no reason

However, termination without notice is not possible if the tenant bears the risk himself (e.g. personal illness when renting a commercial space; personal responsibility for mold formation due to faulty ventilation behavior).

3. Other use cases

In exceptional cases, the tenant can also give notice without notice due to a delay in handing over the apartment, a gross disturbance of ownership rights or other serious breaches of duty. But: It is always necessary that there is an important reason and that the continuation of the rental agreement is unreasonable.

Justification and procedure requirements

For immediate termination by the tenant to be effective, he must:

• Explain the specific reason for termination precisely and comprehensibly in the letter
• Issue a warning in advance or set the landlord a reasonable period of time to remedy the situation
• Be able to prove that the risk/defect actually exists (duty of proof!)

Note: If the defect is accepted without reservation after collection, the termination is ineffective. The time until termination should not be allowed to elapse too long after the reason has become known, otherwise the tenant forfeits his right.

‍

‍

Common mistakes and how landlords protect themselves

Tenants often fail with immediate notice due to formal or explanatory errors. As a landlord, you can protect yourself by:

• respond quickly, verifiably and objectively to deficiencies and tenant communication,
• document and offer necessary repairs,
• request warnings and deadlines on your part,
• Consult lawyer Depenbrock from Telgte at an early stage in the event of complex allegations.

Recommended action for landlords in the Telgte area

As a landlord, you are not defenceless: Tenant announcements regularly fail if they are insufficiently prepared. Have all allegations, time limits, and alleged threats carefully reviewed by a lawyer before giving in or hastily agreeing.
Lawyer Depenbrock With a focus on tenancy law, helps you quickly and competently to avert impending risks.

Please note: This content does not replace a case-by-case review. The legal situation may change as a result of new rulings and regulations. Take advantage of our advice to minimize risks.

Cover image: Photo by Claudio Schwarz upon Unsplash

‍