Can I terminate my lease agreement early?
July 27, 2024 | 50,00 EUR | answered by Simon Büchner
Dear Civil Law Attorney,
My name is Paula Jung and I am reaching out to you with the following question: Can I terminate my lease agreement early?
The situation is as follows: Two years ago, I signed a lease agreement for my apartment which still has 12 months remaining. However, I have recently accepted a new job in a different city and need to move. I have already tried to discuss an early termination with my landlord, but unfortunately he is not very cooperative.
My concerns are that I cannot afford to pay rent for two apartments and may face financial difficulties. Additionally, I want to move as soon as possible in order to start my new job.
So my question to you is: Are there any legal options for me to terminate my lease agreement early? What steps can I take to find a mutual agreement with my landlord? Are there any laws that could help me in this situation?
I thank you in advance for your support and advice.
Sincerely,
Paula Jung
Dear Mrs. Jung,
Thank you for your inquiry. In fact, there are legal ways to terminate your lease agreement early, even if it still has 12 months left. The legal regulations for this can be found in the Civil Code (BGB) in the rental law.
It is important to know that a lease agreement is generally concluded for a certain period, in your case for 12 months. Early termination is therefore not possible without further considerations. However, there are certain exceptional cases in which an early termination of the tenancy may be justified.
One important reason for early termination could be, for example, a job-related relocation, as in your case. According to § 543 paragraph 1 BGB, an extraordinary termination of the lease agreement is possible if, taking into account all circumstances of the individual case, especially a possible hardship case, it is not reasonable for the tenant to continue the tenancy until the end of the notice period.
In your case, you could argue that due to your professional change, moving is not reasonable for you and therefore you wish for an early termination of the lease agreement. It is important that you inform your landlord in writing about your reasons for the early termination and request their approval.
However, if your landlord is not cooperative and does not agree to an early termination of the contract, you can consult a lawyer specializing in rental law to assess your rights and potentially take legal action.
It is advisable to seek professional legal advice to best represent your interests. I am available for further questions and support.
Best regards,
Simon Büchner, Attorney at Law for Civil Law
