Termination without notice by landlord
Termination of a tenancy agreement without notice is only permitted in exceptional cases. Under German tenancy law, tenants enjoy strong protection against termination, but in the event of serious breaches of contract, a landlord may also terminate a tenancy agreement without notice (Section 543 BGB). This means that the tenancy is terminated immediately without observing the regular notice period.
Reason 1: Default of payment by the tenant
This is the most common reason for termination without notice. According to the law, notice of termination without notice can be given
Note: If the tenant pays after If the tenant settles all arrears after receiving the notice of termination (and does so within two months, Section 569 BGB grace period), the termination without notice becomes ineffective – a statutory “grace period payment” therefore applies in the event of late payment.
Reason 2: Massive disturbance of the peace / trespassing:
If a tenant continues to behave in a way that significantly disturbs roommates or neighbors despite being requested to do so, this may constitute good cause. Here too, the landlord must first notify the tenant in writing. Only if the tenant continues to violate the peace of the house can notice of termination be given without notice. In the case of very serious violations, such as criminal acts, a warning may not be necessary. Document noise disturbances (noise log) and find witnesses so that you can prove the reason for termination if necessary.
Reason 3: Serious damage to property:
If the tenant intentionally causes significant damage to the rented property, this is an important reason for termination. Here too, the following applies: first ask the tenant to repair or pay for the damage and set a deadline. If the deadline passes without success, the tenant may terminate the lease without notice. Minor damage or normal wear and tear is of course not enough. In case of doubt, the landlord must be able to prove that the damage is significant and that the tenant is responsible for it.
Form and procedure of termination without notice
Notice of termination without notice must be given in writing (Section 568 BGB) – preferably by registered letter with acknowledgement of receipt in order to be able to prove receipt. All reasons must be specifically stated. Ideally, the landlord should provide supporting documents. The exact date of termination must also be stated. In the case of a termination without notice “with immediate effect as soon as possible”, you can state that the tenant must vacate the apartment immediately or by a certain date.
Tip: In addition, you should – in the alternative ordinary termination with the usual notice period if the termination without notice is ineffective. So you are protected.
In the event of a dispute, termination without notice often ends up in court – landlords should therefore comply with all formal requirements and document the reasons for termination well.
What to do if the tenant does not move out?
Termination without notice ends the contract, but the landlord cannot force the tenant to move out on his own authority. Evictions without a court order are illegal – the landlord may neither change the locks nor simply throw the tenant out. If the tenant remains in the apartment despite an effective termination without notice, the landlord must file an action for eviction with the competent local court. This procedure can take several months.
However, if the landlord has done a good job (good cause, warnings, proof), the chances of obtaining an eviction order in court are good. A bailiff can then use the eviction judgment to have the apartment vacated. Note: The costs of an eviction action and enforcement are generally borne by the unsuccessful tenant – however, the landlord often has to pre-finance these and possibly claim them.
Special features in Berlin
The nationwide tenancy law also applies in Berlin; there are hardly any specific state law differences when it comes to termination without notice. However, Berlin courts are known to be tenant-friendly and apply strict standards to terminations. There are also social hardship regulations in Berlin (e.g. protection against dismissal in the event of conversion – although this applies more to ordinary termination for personal use).
The following applies to terminations without notice due to rent arrears: If the tenant pays all arrears plus the current rent within two months of the action for eviction becoming pending, the termination becomes invalid (Section 569 (3) no. 2 BGB). However, a tenant can only use this “grace period payment” once every two years. Landlords should take this into account before giving premature notice.
Conclusion: Termination without notice is the last resort and must be justified and carried out in a legally sound manner. In the event of a conflict, landlords are strongly advised to first seek a discussion and document warnings.
If the situation is untenable (e.g. permanent loss of rent or endangering others), Section 543 BGB provides the necessary instrument – but be careful: formal errors or lack of evidence can make the termination ineffective. If in doubt, a specialist lawyer should always be consulted. ADEN Immobilien also assists landlords in difficult cases: contact us if you need advice on terminations or tenant problems. Together we will find the best solution to protect your rights as a landlord.
Frequently asked questions about termination without notice
Z.E.g. in the event of late payment of more than 2 months’ rent, massive disturbance of the peace or serious damage to property.
In most cases, yes – only in the case of very serious misconduct can the warning be waived.
Then you must file an action for eviction – an unauthorized eviction is illegal.
Table of contents
Click on a section to jump directly to it.
- Reason 1: Default of payment by the tenant
- Reason 2: Massive disturbance of the peace / trespassing
- Reason 3: Serious damage to property
- Form and procedure of termination without notice
- What to do if the tenant does not move out?
- Special features in Berlin
- Frequently asked questions about termination without notice
