Terminate without notice in tenancy law: When landlords may end the tenancy without notice

Introduction: Immediate Termination as the Landlord's Sharp Sword

As a landlord, the wish to be able to quickly withdraw from the rental agreement in the event of serious misconduct is understandable. But tenancy law deliberately raises the threshold for immediate termination: “important reasons” are needed which make waiting the ordinary deadline unreasonable for you as a landlord.
Although the most common causes — late payments, gross breaches of duty, massive disruptions or illegal subletting — are clearly identified in law, they are a source of constant pitfalls in legal practice. It is not uncommon for premature dismissals to be declared ineffective in court.
It is therefore all the more important to thoroughly examine the specific situation and its provability so that a legal defeat does not result in justified anger.

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Payment delay by the tenant: When does the extraordinary right of termination apply?

The Act gives the landlord, the only category without prior warning obligation, the opportunity to give notice without notice if the tenant is significantly in arrears with payment of rent (including additional costs). The following case groups are differentiated:

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Key points:

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- Payment default for two consecutive dates (at least two months' rent)
- Backlog for two consecutive appointments insofar as this comprises a total of at least one month's rent (plus 1 cent; therefore at least more than one month's tenant), even in the case of partial benefits/long-term arrears
- Termination without notice regardless of whether the payment was caused by personal fault or, for example, by a delayed job center

Attention: In the event of late payment, it is irrelevant if the arrears are settled only after receipt of the notice of termination — the date of the letter of termination is always decisive (although the rules on so-called grace period payment must be observed).

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Endangerment and Neglect of the Home as a Reason for Dismissal

If the tenant grossly breaches his due diligence obligations — for example through neglect, illegal storage of hazardous substances, construction risk or permanent massive littering — there is also a right to immediate termination. Structural changes without permission that endanger the apartment or building are also included.
Here, however, the significance must be given (and verifiable!) be. Pure blemishes or normal wear and tear are not enough.

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Unauthorized transfer of use — sub-letting & improper use

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The unauthorized transfer of the apartment to third parties (“Airbnb models,” permanent sub-letting without consent, commercial use of a living space) can represent important reasons for termination. What is relevant is the extent to which the apartment continues to serve its purpose and whether — for example through continuous guest room rental — neighbors are disturbed or even there is illegal use. Please note, however, that the tenant may be entitled to sublet. We therefore recommend that you have your individual legal case examined by a lawyer!

This category does not apply if the tenant simply does not live in the apartment, but otherwise does not commit a breach of duty.

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Sustained disturbance of house peace: What is still reasonable?

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A lasting, gross disturbance of house peace is due, for example, to loud ongoing disputes, dangerous threats, severe insults (against landlords, roommates or caretakers), aggressiveness or blatant antisocial behavior. However, the threshold is high: one-off noise events, showers at night or children's noise are by no means enough.

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The reasons for the dismissal must be given particularly carefully with supporting documents (e.g. noise report, witness statements).

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Repeated late payment of rent: When is that enough to cancel?

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Repeatedly late payment of rent can also give rise to termination without notice under certain circumstances, in particular if it persists after multiple warnings and the relationship of trust has been destroyed.
The Law States: After three warnings due to late payment and a further lack of punctuality in the same year, termination may be made without notice if the unreasonableness persists.
Here, too, the following applies: Individual minor delays alone are not enough (an evaluation of the frequency, time intervals, subsequent adjustments and number of payment delays is decisive).

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Practice Note & Recommended Practice

The explanation and provability of the reason for termination are essential for the immediate termination to be effective. Even a justified dismissal often fails due to insufficient preparation, lack of evidence or letters written in layman terms that do not have the necessary legal precision.

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Recommended action

Attorney Depenbrock from Telgte with a focus on tenancy law absolutely advises that all documents, deadlines and warnings be carefully documented and that the termination be legally reviewed in advance. Depenbrock tenancy law firm in Telgte: personal advice, well-founded risk assessment, prevention of errors. This is the only way to keep your position enforceable and you do not risk expensive process losses! Contact us — act consistently, but always in a legally secure manner.

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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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