Can my landlord terminate my lease without cause?
August 8, 2022 | 50,00 EUR | answered by Emma Richter
Dear attorney,
My name is Emma Fischer and I am contacting you with a question regarding my tenancy. Recently, I received a termination notice from my landlord and I am now concerned whether this is legal.
To provide some context: I have been renting an apartment in a multi-family house for five years and have always paid my rent on time. There have been no issues with the landlord so far and I have maintained the apartment properly.
The current situation is as follows: My landlord supposedly wants to renovate the apartment and has therefore issued me a termination notice. However, I am worried that this may be just an excuse to force me out of the apartment.
I have various concerns. Firstly, I am unsure whether the termination notice is valid and if I can challenge it. Additionally, I am worried about finding a new apartment and whether I can afford the renovation costs.
Therefore, my question to you is: Can my landlord simply terminate my tenancy like this, and what are my rights in this situation? Are there possible solutions to challenge the termination or at least obtain a reasonable timeframe for moving out?
I thank you in advance for your help and advice.
Sincerely,
Emma Fischer
Dear Mrs. Fischer,
Thank you for your inquiry regarding the termination of your landlord. It is understandable that you are concerned and thinking about whether the termination is legal and how best to proceed.
In general, a landlord can only terminate your lease under certain conditions. For example, a regular termination is possible if the landlord wants to use the apartment for themselves or if they are planning extensive modernization or repairs to the apartment. In your case, it seems that the landlord wants to renovate the apartment, which can be a valid reason for termination.
However, the landlord must meet certain requirements. They must deliver the termination to you in writing and comply with the statutory notice periods. Additionally, they must provide you with a valid reason for the termination and be able to prove it. Therefore, it is important that you carefully review the termination and seek legal advice if necessary to ensure that all legal requirements have been met.
If you have doubts about the legality of the termination, you can file a lawsuit with the competent district court within three months of receiving the termination. Here, you can challenge the termination and defend your rights. It is advisable to consult an experienced lawyer specializing in tenancy law who can support you in this process.
If the termination ultimately turns out to be legal, as a tenant you still have certain rights. The landlord must give you a reasonable deadline to move out and you are entitled to reasonable compensation if you are in financial distress due to the termination.
Overall, it is important that you have the termination reviewed carefully and take legal steps if necessary to protect your interests. Do not hesitate to contact a specialized lawyer in tenancy law who can assist you.
I hope that my explanations help you and wish you all the best for your legal dispute.
Best regards,
Emma Richter
