Termination of tenancy without notice: tips and samples
As a landlord, you may be forced to terminate your tenancy without notice. Whether it is late payment, disturbance of the peace or serious damage to property – there are many reasons
that can justify termination without notice. However, it is important that landlords consider some important aspects when terminating a flat without notice in order to avoid legal
consequences. In this article, we would therefore like to give you some formal tips and provide a sample for terminating a tenancy without notice.
Reasons for termination of the tenancy without notice by the landlord
First of all, it is important to know when termination of the flat without notice can be considered at all. According to Section 543 (2) No. 3 of the German Civil Code (BGB), such
a termination can be pronounced if the tenant has committed serious breaches of duty that justify the termination. These include, for example:
Default of payment
If the tenant fails to pay several months' rent in succession, the landlord has the right to give notice of termination without notice. However, it is important that the landlord sends the
tenant a reminder with a deadline beforehand, in which he points out the default and sets a deadline for the tenant to pay the outstanding rent. Only if the tenant lets this deadline pass
without paying the rent can the landlord give notice of termination without notice.
Disturbance of the peace
Termination without notice is also possible if the tenant disturbs the peace of the house through noise or other disturbances. This can happen, for example, through loud music or
parties that disturb other tenants or neighbours. In such cases, the landlord should first inform the tenant in writing that he or she is being disruptive and set a deadline for the tenant
to change this behaviour. Termination without notice can be given if the tenant continues to disturb the peace of the house despite being given a deadline.
Serious damage to property
In the case of serious damage to property caused intentionally by the tenant, the landlord has the right to serve a notice of termination. In such situations, the landlord should inform
the tenant in writing that the tenant must pay for the damage and set a deadline for the tenant to pay. Only if the tenant does not pay for the damages despite being given a deadline can the landlord give immediate notice of termination.
How do I give the tenant immediate notice of termination?
If you, as a landlord, want to give immediate notice of termination, there are some guidelines you must follow. First of all, you should inform the tenant in writing that you wish to terminate
the tenancy without notice. It is important that you clearly explain and prove the reasons for the termination, for example by submitting invoices or witness statements. Also, don't forget
to state the date of termination and point out that the tenant must leave the flat by this date.
What formal requirements must landlords observe?
In addition to the written notice of termination, there are some other formal requirements that landlords must observe when terminating the tenancy without notice. For example, the notice must be sent by registered mail with advice of receipt to ensure that it actually reaches the tenant. The deadlines within which the notice of termination must be given are
also important: According to Section 543 (3) of the German Civil Code, the notice of termination must be given within three months of knowledge of the breach of duty at the
latest.
Another important aspect is the so-called "reason for termination". This is the specific breach of duty that justifies the termination. It is important that landlords state this reason clearly in their termination letter to prove that the termination is justified.
Sample letter of termination of the flat without notice
To make your work easier, we have prepared a sample letter of termination below. You can use this as a template and adapt it to your specific situation:
Dear Ms/Mr [name],
I hereby give you notice of termination without notice of the flat at [address], where you currently live, with effect from [termination date].
The reason for the termination is [reason for termination], as I have already informed you in my reminder sent on [date]. Unfortunately, you have not remedied this breach of duty despite being given a deadline, which is why I feel compelled to give notice of termination.
Please note that you must vacate the flat by [termination date] and remove all furniture and fixtures belonging to you. If you fail to do so, I will arrange for the bailiff to vacate the flat.
I also ask you to return all the keys to the flat to me by [termination date] and to repair any damage you have caused.
I hope you understand why I am forced to take this step and I wish you all the best for your future.
Yours sincerely,
[name of landlord]
Conclusion
Termination of the tenancy without notice is a serious step that can only be considered in certain cases. Landlords should therefore always think carefully about whether this measure
is actually necessary and observe all formal requirements in order to avoid legal consequences. With the sample and tips we have provided, you as a landlord are well equipped to take this step if it is necessary.
