How do I proceed if my landlord terminates my lease unjustly?
April 21, 2024 | 40,00 EUR | answered by Günther Schulz
Dear lawyer specializing in tenancy law,
My name is Uwe Ullmann and I recently received a termination notice from my landlord, which I believe is unjustified. I have been a tenant in my apartment for five years and have always paid my rent on time. There have been no issues or complaints from the landlord, so the termination came as a complete surprise to me.
The termination was given without stating any reasons, and I now feel helpless and insecure about my living situation. I am worried about my future and wondering how best to proceed to protect my rights as a tenant.
What steps should I take to challenge the unjust termination? Are there legal options to contest the termination and keep my apartment? How can I best prepare and what documents or evidence are necessary to defend my position?
I would be very grateful if you could offer me your professional help and advice in this difficult situation. I look forward to hearing from you and thank you in advance for your support.
Sincerely,
Uwe Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding the unjustified termination by your landlord. It is understandable that you may feel helpless and uncertain in this situation. As a lawyer specializing in tenancy law, I am happy to offer you my professional assistance and advice.
First and foremost, it is important to emphasize that a termination without stating reasons is generally invalid. Your landlord is legally required to provide a valid reason for the termination. If this is not the case, you can challenge the termination and keep your apartment.
To address the unjustified termination, you should first check if the termination is formally correct. Verify if all legal notice periods have been adhered to and if the termination was provided in writing. If not, the termination may already be invalid for formal reasons.
Furthermore, you should consider possible reasons for the termination. If there is no obvious reason, it could be a case of "unjustified termination for personal use." In this case, the landlord would need to prove that they actually need the apartment for themselves or close relatives.
To prepare yourself as best as possible, gather all relevant documents that could strengthen your position. These may include the lease agreement, rent payment receipts, correspondence with the landlord, and potentially witnesses who can attest to your innocence. The more evidence you can provide, the better your chances of successfully challenging the termination.
I strongly recommend scheduling a meeting with a lawyer specializing in tenancy law to discuss your situation in detail. Together, we can defend your rights as a tenant and develop the best strategy to address the unjustified termination.
I am available for a personal consultation and look forward to assisting you in this difficult situation.
Best regards,
Günther Schulz
