When does the right to terminate without notice as a landlord expire?

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Introduction: Your right to terminate without notice may be forfeited!

Landlords can only give notice of termination if the tenancy has actually become unreasonable. But this right is not unlimited: It can “forfeit” if the landlord remains inactive for too long following a reason for termination or acts contradictory.

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Principle: Unreasonableness and time lapse

Both law and case law require that termination may only be made without notice if the continued commitment of the contract is really unreasonable. For example, anyone who is still yielding in a warning or remains inactive for a longer period of time after a breach of duty is acting contradictory and may lose their right of termination.

Courts usually regard a period of a few weeks (for tenants, for example, around 6 weeks) from the relevant occasion as appropriate. Thereafter, the termination without notice is regularly forfeited.

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Practical examples: When does the right of termination expire?

• After a warning, you as a landlord wait more than 2—3 months before you give notice: Some courts classify this as “late”; your right is “forfeited.”
• You accept serious breaches of contract for longer, for example regular disturbances of peace — even then, you can usually no longer cancel without notice later.

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What applies to the tenant?

Termination by the tenant without notice may also be forfeited if he delays too long after he notices serious deficiencies or a health risk, for example.
The right to extraordinary termination does not exist permanently — quick response protects both sides.

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Recommended action for landlords in Telgte and Münsterland

As a landlord, you should carefully document unacceptable conditions and breaches of duty so as not to lose your own right of termination by waiting. Advice from a tenancy lawyer in Telgte or Münsterland helps to avoid errors with warnings, deadlines and documentation.

Please note: These pages do not provide individual legal advice. Please feel free to contact us for your specific situation!

Cover image: Photo by William Warby upon Unsplash

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