Can my landlord terminate my lease just like that, even though I always pay the rent on time?
July 24, 2022 | 40,00 EUR | answered by Emma Richter
Dear attorney specializing in rental law,
My name is Artur Krause and I am reaching out to you with an urgent question. I am a tenant of an apartment and I always pay my rent on time and in full. However, my landlord has unexpectedly given me a notice of termination. I am concerned and do not understand why my landlord wants to terminate my lease, despite my consistent compliance with my payment obligations.
The situation is as follows: I moved into the apartment two years ago and have had no issues with the landlord since then. I follow all the rules in the lease agreement, am a quiet tenant, and have not received any complaints from neighbors. Therefore, I am confused and worried about the sudden termination.
My concerns are varied. Firstly, I fear that the termination is based on unjustified reasons and that my landlord wants to make my life difficult. Secondly, I am worried about how quickly I can find a new apartment and whether I will get my security deposit back.
My question to you as an expert in rental law is therefore: Can my landlord simply terminate my lease even though I always pay the rent on time? Are there any legal steps I can take to defend myself against the termination? And how can I best defend my rights as a tenant in this situation?
I thank you in advance for your help and look forward to your professional advice.
Sincerely,
Artur Krause
Dear Mr. Krause,
I understand your concerns and would like to help you with your situation as a tenant. First and foremost, it is important to know that a landlord cannot simply terminate a tenancy without a valid reason. According to § 573 of the German Civil Code (BGB), the landlord must have a legitimate reason to terminate the tenancy. In your case, since you always pay the rent on time and in full, and there are no complaints or violations on your part, it seems questionable why your landlord has issued a termination notice.
Therefore, it is advisable to first contact your landlord and ask for the exact reasons for the termination. There may be misunderstandings or other factors that have led to the termination, which you are not aware of yet. If the landlord still insists on the termination and there are no valid reasons, you should take legal action to defend yourself against the termination.
In such a case, you can, for example, file an objection to the termination and seek assistance from a lawyer specializing in tenancy law, like myself, to defend your rights as a tenant. A lawyer can assess whether the termination is formally and substantively valid and help you find the best course of action for your case. There is also the possibility of filing a lawsuit in court to challenge the termination and obtain the continuation of the tenancy.
Furthermore, you should make sure that you are aware of your rights as a tenant and do not allow yourself to be intimidated. Your security deposit should be returned to you upon termination of the tenancy, unless there are damages or outstanding claims. In this case, you have the right to a detailed statement and insight into the use of your security deposit.
I hope that my explanations will help you and encourage you to stand up for your rights as a tenant. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Emma Richter, lawyer specializing in tenancy law
