Notice period
June 25, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I have a question regarding the termination of rental agreements. In my apartment rental agreement it states:
Both parties waive the right to terminate this lease agreement for a period of two years.
Additionally, there is a termination notice period of three months for me.
Based on this wording, does the minimum rental period now consist of two years plus three months, or just two years? At what point does my right to terminate come into effect? Upon giving notice of termination (termination letter) or upon the effective date?
Are there any landmark rulings on this matter?
Thank you for your response.
Thomas Otten
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the situation you have described as follows:
It is established in case law that in a case like yours, with an indefinite lease agreement (as I assume from your description), the parties can exclude the right to terminate the lease agreement. According to the Federal Court of Justice, this is permissible for up to four years (Federal Court of Justice ruling of 06.04.2005 - VIII ZR 27/04, WuM 2005, 346).
Formally, your lease agreement lasts at least 2 years, but due to the permissible three-month notice period, you can only terminate the contract after 2 years and 3 months.
Regarding the termination of the lease agreement and the notice period, your right to terminate takes effect at the end of the period.
Allow me to provide a brief example:
If you sign the lease agreement on 01.07.2009, you can give notice of termination earliest after two years, for example on 01.08.2009.
The termination takes effect after three months, so in this example, you would be released from the lease agreement by 31.10.2009, when the termination takes effect.
No landmark rulings are necessary for this, as this legal consequence arises directly from the law and the general legal principle that a termination, if timely filed, takes effect at the end of the termination period.
I would like to conclude by pointing out the following:
The legal advice I have provided is based solely on the information you have provided. My response is merely an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful to you.
Feel free to contact me through the follow-up option on this platform or via my email address.
I am also available for further legal representation.
Should you choose to engage my services, I would credit the initial consultation fee paid in this forum in full.
Wishing you a pleasant Thursday morning!
Best regards,
Dipl.-jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
