What does a letter of termination have to look like for immediate termination? Samples & requirements for landlords — How to make your letter legally secure! Lawyer Depenbrock from Telgte.

Introduction: Why is the right letter of resignation so important?

Without legally secure termination, any reason for termination is ineffective! A formal error is sufficient to invalidate the termination, meaning that the tenancy continues to exist.

Regulatory requirements and common mistakes

The letter of termination must meet at least the following requirements:

• Always in writing, with original signature of all landlords
• Clear reasons with all reasons for termination and supporting documents
• No condition, no subsequent addition possible
• Clear desire to terminate and details of the parties
• Be able to prove access to the tenant (e.g. by dropping in by registered letter)

Errors quickly lead to invalidity and possibly liability for compensation.

Content: What needs to be written?

• Notice of termination: It is clear and unequivocal that the tenancy will be terminated without notice (and, in the alternative, properly)
• Exact description of all breaches of duty with date and details (e.g. include a copy of the noise log, late payment, warnings)
• Indication of lack of objection (§ 545 BGB) in case of termination without notice
• Request for eviction and return (set deadline)
• As a precautionary measure: ordinary termination as an alternative
• For specific cases: reference to legal bases and (BGH) judgments

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Form: Written form, signature, receipt — what is mandatory?

• Valid only in writing with original signature — no email, no fax
• If there are several landlords: All must sign, if there are several tenants: name everyone as the addressee
• Representative/property management: signature “i.V.” and Enclose the original power of attorney — otherwise the tenant can (immediately) reject the termination
• Attach receipts and copies (e.g. warnings, photographs, etc.)
• Prove access! Delivery, if possible, with witnesses or by registered letter

Note: If you send the letter of termination by letter of dismissal, use a witness who, in his own opinion, can testify that you have enveloped the letter of termination signed by hand in the envelope and sent it by registered letter.

Avoid typical sources of error

Common mistakes:

• Incomplete justification, lack of breaches of duty or data
• Wrong form: No original signature, email/fax only
• Wrong addressees — one of several tenants does not receive the letter of termination or is forgotten to list
• No copy of the power of attorney with property manager
• Access not provable

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Practical tip for landlords in Telgte and Münsterland

Protect yourself against formal errors! Always have your dismissal and reasons reviewed by a lawyer in order to avoid lawsuits.
Call us if you would like a legally secure termination — we will explain the best procedure and create individual letters.

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Please note that this article is not a substitute for legal advice!

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Cover photo:
Photo by Etienne Girardet upon Unsplash

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