If you have to give extraordinary termination on your flat...
What is extraordinary termination?
The term “extraordinary termination by the tenant” includes termination for just cause as well as termination without notice. Extraordinary termination should first be differentiated from other types of termination.
- An ordinary termination is the case if the contractual or statutory notice periods and dates have been complied with. See our article on this topic.
- Another important difference is the early return of the rental property and the search from a new tenant. We have compiled all the important information on this matter under the following link.
- If the landlord does not transfer the rental property: If it is not possible or reasonable to move in (e.g. windows haven’t been installed yet), you can – after setting the landlord a deadline of several days – withdraw from the contract. Strictly speaking, this is not a termination, but rather a special reason from dissolving the rental agreement.
Extraordinary termination for just cause:
This may be done in compliance with statutory notice periods given on any date if there is just cause.
What is “just cause”?
Just cause is deemed to exist if it is not feasible to submit notice by the next termination date. In such cases, termination can be submitted at any time in compliance with statutory deadlines. The hurdle for this is very high. One example is the termination of a rental agreement by a tenant who has panic-like anxiety following a break-in.
Termination without notice:
If a subsequently resulting defect of the rental property is so serious that the apartment can no longer be lived in, and this is not the fault of the tenant, then termination without notice can be given. This ends the rental agreement with immediate effect. However, the landlord must first be granted a suitable period of time to remedy the defect. If the damage is not rectified, then you must give notice immediately, stating the reason. If you do not give notice immediately, then you run the risk that someone could claim that the damage was not so serious, and that it was reasonable to stay in the apartment. One example for termination without notice is if, for example, a lot of water leaks into the rental property every time it rains and the landlord has not fixed the problem.
We have made further details and legal information on the subject of terminating a rental agreement available for download free of charge below.