Can I terminate the lease agreement early as a tenant?
April 29, 2024 | 50,00 EUR | answered by Oliver Hentschel
Dear lawyer,
I am contacting you with a question regarding tenancy law. I am a tenant of an apartment in a multi-family house and some time ago I signed an open-ended lease agreement. Unfortunately, my life situation has changed significantly in the past few months, and for personal reasons, I am forced to leave the apartment earlier than planned.
Currently, I am still within the agreed notice period, but I would like to know if there is a possibility to terminate the lease agreement early and leave the apartment sooner. I am concerned that I will have to continue paying rent for the remaining term of the contract, even though I will no longer be living in the apartment.
Are there any legal options for me as a tenant to terminate the lease early? What steps would I need to take and what consequences could arise from this? Is there perhaps also the possibility of reaching a mutual agreement with the landlord to terminate the contract early?
I would be very grateful if you could assist me with this matter and provide me with possible solutions.
Best regards,
Alwin Breitwieser
Dear Mr. Breitwieser,
Thank you for your inquiry regarding the early termination of a lease agreement. Indeed, it is possible to terminate a lease agreement early, even if it is indefinite. However, there are some legal aspects to consider.
Basically, as a tenant, you can terminate the lease agreement without notice if there is a significant reason. A significant reason could be, for example, that you can no longer inhabit the apartment for health reasons, or that you are relocated to another location for work. In your case, the changed life situation could also be considered a significant reason for a termination without notice. However, it is important that you provide credible evidence for the significant reason.
To effectively carry out a termination without notice, you should inform the landlord in writing of the reasons why you need to leave the apartment early and request an extraordinary termination. It is advisable to also provide corresponding evidence such as medical certificates or contract documents to support the significant reason.
If the landlord agrees to the extraordinary termination, you can leave the apartment early without having to continue paying rent. If the landlord does not agree, you still have the option to adhere to the notice period and leave the apartment at the earliest possible time. In this case, however, you are still obligated to pay rent for as long as the lease agreement is in effect.
It is generally advisable to first discuss the situation with the landlord and find a mutually acceptable solution. Landlords are often willing to accommodate tenant requests, especially when there is a significant reason for early termination. Therefore, it is best to schedule a meeting with your landlord to discuss the situation and explore possible solutions.
I hope this information is helpful to you and wish you success in the early termination of your lease agreement. If you have any further questions, I am at your disposal.
Sincerely,
Oliver Hentschel, Attorney
