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Formulation of extraordinary termination

November 15, 2010 | 25,00 EUR | answered by Steffan Schwerin

The tenant M notes that the landlord V entered the apartment (a vacation rental) without his knowledge/permission after a proper notice of termination and took photos.

V justifies this by saying that a handyman was on site (this was agreed upon, but the work had been completed months ago) and on this occasion he checked and documented the condition of the apartment. This is not permissible.

M can prove that the photo (which was later published on the internet by a real estate agent!) was definitely taken AFTER the handyman's visit and AFTER his proper termination notice. The real estate agent is advertising this apartment with "view anytime" and "move in immediately". This was not agreed upon with M.

M vacates the apartment early and sends the keys to V by registered mail. In the accompanying letter, M lists the reasons for the immediate termination and writes: "And that is reason enough for my immediate termination."

My question: Is this wording legally sufficient, or would a different text have been necessary, for example: "I hereby terminate immediately"?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the circumstances described and your commitment as follows:

Basically, the landlord has negligently disrupted the trust relationship here, so a termination without notice is justified.

So the termination is in order.

However, I recommend elaborating on the reason for termination a bit more.

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Sincerely,

Steffan Schwerin
Lawyer

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