Immediate termination and protection against dismissal — What landlords absolutely need to know

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Introduction: Dismissal protection at a glance

Whether it's termination of personal use, modernization measures or other reasons — German tenancy law imposes particular hurdles and protective measures in favour of tenants for the majority of terminations. One term that is particularly common here is “protection against dismissal.” But how does this protection concept work in the event of extraordinary termination without notice? Landlords should absolutely know this question in order to be able to act in a legally secure manner and not to make mistakes that could delay eviction proceedings.

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Immediate termination and the role of protection against dismissal

Anyone who resigns as a landlord without notice for good reason asks with good reason: Does my tenant still have protection against dismissal? Clear answer from tenancy law: NO. In contrast to ordinary termination, the legislator has expressly provided NO special protection against dismissal (such as a hardship appeal or a blocking period) for immediate termination.

That means:

• Your tenant cannot attack an immediate termination with reference to social reasons, such as that housing is not available on the market or that there are particular family hardships.
• The social protection mechanisms (“social clause”, § 574 BGB) only apply in the event of ordinary termination and are excluded in the event of termination without notice.

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Social clause and right of objection — does this only apply in the event of ordinary termination?

That's right. While there are extensive options for objection and even the possibility of continuing the tenancy in case of hardship (Section 574 BGB), this does not apply to termination without notice. The only thing the tenant can do is have the effectiveness of your termination reviewed in court. As a rule, this takes place as part of the so-called eviction action. In doing so, the landlord takes legal action against the tenant to evict and surrender the living space. The court then checks whether the reason for dismissal exists. There is no test as to whether there is a case of hardship. At best, this is done with regard to an alternative notice of termination duly pronounced in due time.

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What can the tenant do in the event of immediate termination?

He has no right of objection as in the case of ordinary termination. It only allows him to review the effectiveness of the dismissal by a court. If the court finds that there is no important reason for the termination (or, for example, there is a formal error), the termination is considered ineffective and has no legal effect.

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Practical tips for landlords also in the Telgte area and Münsterland

Benefits in terms of the loss of protection against dismissal in the event of immediate termination:

• You can terminate the rental agreement more quickly and consistently, but you must be absolutely certain of the effectiveness and formal correctness of the termination!
• Errors in the reason for termination, in the reasons or in the form lead to the invalidity of the termination ‐ and thus give the tenant the de facto opportunity to successfully defend himself against the termination of the rental agreement.

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CAVE!

Don't be led by the idea of being able to circumvent the protection against dismissal of simply giving an extraordinary notice of termination without notice in due time. This is only possible if there is an important reason for the extraordinary termination without notice within the meaning of law! Otherwise, the termination will be “empty.” Unjustified termination without notice can also have significant legal consequences, including possible compensation claims by the terminated tenant. It is therefore essential to carry out a careful legal review of the circumstances of the individual case before giving notice of termination and, based on this, to make a well-founded decision as to whether an extraordinary termination can be given without notice.

Lawyer Depenbrock from Telgte with a focus on tenancy law recommends: Before giving notice of termination without notice, check carefully whether all formal and material requirements have been met. Tenants use even small mistakes to defend themselves. By providing early legal support in the Telgte and Münsterland area, you can avoid lengthy disputes and consistently dissolve your tenancy agreement. Get professional support — for legally secure decisions!

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.

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Cover image: Photo by Wildson Silva upon Unsplash

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