What are the consequences of termination without notice in tenancy law? Guide for landlords

Introduction: Why should the legal consequences of termination without notice be considered?

With immediate termination, the rental contract ends immediately — but what happens afterwards? Both tenants and landlords are facing important actual, legal and financial steps. Anyone who knows the consequences can react accordingly and avoid high losses and far-reaching mistakes.

Immediate termination of the rental agreement

Termination without notice ends the rental agreement immediately upon receipt of the letter of termination. The tenant is obliged to vacate the apartment within the set period at the latest and to hand over all keys. There is no “grace period” analogous to ordinary termination — the landlord can immediately insist on a return.

Compensation for use and loss of rent

If the tenant does not move out as required, the landlord can claim compensation, which usually corresponds to the previous rent, and may even go beyond that. This is the case, for example, if the rent previously required is below the local comparative rent. At the latest from the expiry of the granted eviction period, the tenant bears the significant risk of further costs. He could be liable for the loss of rent and must pay compensation - insofar as the landlord aims for a subsequent rental - which could go beyond the previous rent. The claim of loss of rent is justified when the landlord has found a new tenant willing to rent who cannot rent the apartment because it was not vacated on time.

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The process of the eviction action by the landlord

If the tenant does not voluntarily vacate the apartment after giving notice, the landlord must file an action for eviction and surrender to the competent district court. Unauthorized action, such as exchanging locks or vacating them without a court order, is prohibited and may have criminal consequences. Never act on your own authority and seek legal advice before your supposedly lawful acts bring you before the criminal judge!
In the eviction process, the landlord must provide all reasons for termination and Prove that there are reasons for a warning and that all formal requirements have been met. Open rent can then also be sued at the same time. If the landlord is proven right, the bailiff will evict him.

Subsequent claims and compensation claims

Landlords can claim compensation for loss of rent until new letting, provided that they have demonstrably made an effort to rerent it promptly.
Deposits may be withheld until all claims have been settled in full. If these are not met in due time, the landlord can sue for payment or (partially) offset the deposit in due course.

Practical tip for landlords in Telgte and Münsterland

In order to minimize economic losses and legal disputes following immediate termination, you as a landlord should document all processes and seek immediate legal advice.
Lawyer Depenbrock (focus on tenancy law in Telgte) is at your side during all legal steps!

Please note: This information does not replace individual advice. Safeguard your rights with professional support.

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Cover photo: Getty Images

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