Fixed-term lease
October 4, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
We have rented out a house and signed a fixed-term lease agreement. The rental agreement contains the following clause:
"1. b. Fixed-term tenancy
The tenancy is concluded for a specific period of time. It begins on 15.7.2007 and ends on 14.8.2010. An extension of the tenancy is excluded according to §575 BGB for the following reasons: due to the sale of the house.
2. The provision of § 545 BGB, according to which the tenancy is extended indefinitely if the tenant continues to use the rental property after the expiration of the lease term, is excluded. If the tenant continues to use the rental property after the expiration of the lease term, the tenancy is considered not extended."
I have two questions:
1. Is this provision legally valid?
2. Do we need to send the tenants another letter and demand that they move out by 14.8.2010 at the latest in order for the fixed term to be upheld?
Thank you
Best regards
Ernst Maug
Dear inquirer,
Thank you for your inquiry!
1. Is this regulation lawful?
The rental agreement provision you mentioned is legally sound. In particular, the expiration of the rental agreement is valid, as a reason for the expiration is explicitly stated as required by § 575 of the Civil Code.
2. Do we need to send the tenants another letter demanding that they vacate by no later than August 14, 2010, to ensure the expiration remains valid?
The expiration remains valid. To maintain the expiration, you do not need to send the tenant another letter, as the tenancy automatically ends with the passage of time.
However, you should still write to the tenant and inform them of this. If they do not wish to vacate after the expiration, you should give them a reasonable deadline to move out and, if necessary, consider hiring a colleague experienced in rental law to represent your legal interests with the tenant.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option on this portal or via my email address.
I would like to emphasize the following: The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Sunday evening!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
