Can my landlord simply terminate my lease if I do not pay the rent on time?
April 27, 2022 | 50,00 EUR | answered by Ludwig Kuhn
Dear attorney specializing in tenancy law,
My name is Erik Müller and I am reaching out to you with a question regarding my current tenancy situation. I am currently facing a difficult financial situation and unfortunately was not able to pay my rent on time this month. Now I am afraid that my landlord might simply terminate my lease because of this.
The situation is as follows: I have been renting an apartment for two years and have always been punctual with my rent payments. However, due to unexpected expenses this month, I was not able to transfer the rent on time. My landlord has already informed me that he may consider termination if I do not make the payment promptly.
I am very worried about my home and wonder if my landlord actually has the right to simply terminate my lease just because I was unable to pay the rent on time once. Are there possible solutions to prevent termination or at least clarify the situation? What rights do I have as a tenant in this case and how can I proceed to secure my living situation?
I would be very grateful if you could assist me in this matter and provide me with possible steps I can take to avoid losing my apartment.
Sincerely,
Erik Müller
Dear Mr. Müller,
Thank you for your message and your trust in my expertise in tenancy law. I am sorry to hear that you are in a difficult financial situation and are worried about your home. I would like to help you in this matter and show you possible solutions to avoid eviction or at least clarify the situation.
In general, the landlord has the right to terminate the lease immediately if the tenant is in arrears with the rent payment. This is regulated in § 543 para. 2 no. 3 of the German Civil Code (BGB). However, the landlord must first set a reasonable deadline for the tenant to make the payment before issuing a termination notice. It is important that you pay the outstanding rent as soon as possible to avoid eviction.
In your case, since you have always been punctual with your rent payments and this is a one-time incident, there is a possibility that your landlord will show understanding and refrain from eviction. It may be helpful to have a conversation with your landlord to clarify the situation and find a solution. You could possibly arrange a payment plan or request a deferral of the rent to settle the outstanding debt.
As a tenant, you also have the right to contact a conciliation body or the local tenants' association for support and advice in this matter. These institutions can help you defend your rights as a tenant and assist you in resolving the conflict with your landlord.
Overall, it is important that you take action and try to find an amicable solution with your landlord to avoid eviction. I strongly recommend that you act promptly and settle the outstanding rent to secure your living situation.
I hope that my response helps you and wish you success in resolving this matter.
Best regards,
Ludwig Kuhn
