Notice period for terminating a garage
September 25, 2009 | 30,00 EUR | answered by Andreas Scholz
We live in a 2-family house on the ground floor. The attic apartment is rented out, as well as the garage. Both are rented to the same tenant, however, with a separate rental agreement for the garage. We have been having problems with the children's car for some time now. The tires have been damaged for the 3rd time within 4 weeks. (A criminal complaint against unknown persons has been filed.) Therefore, I have terminated the garage rental agreement for the 1st of next month in order to be able to park the children's car in it. Our tenant has objected to this termination (via a lawyer's letter). According to § 680a BGB (could not find this section) termination can only be made with a notice period of 3 months to the end of the month. Is this correct?? What could happen if we change the locks of the garage and ask them to vacate the garage beforehand?? We are in a hurry, as we are afraid that more will happen to the car. By the way, we suspect the tenants, as the damages started just 2 days after an argument and we know that the man has done such things (car damages) in previous years. Unfortunately, we lack evidence and of course, we have not voiced this suspicion out loud until now. Please help us. We cannot sleep at night anymore, as we constantly check on the car. Thank you very much. Sincerely, Rita
Dear questioner,
The garage is legally considered a space that is not a commercial space. Therefore, for the question of which notice period applies, § 580a BGB should be consulted. If the rental period for the garage is measured in months or longer periods, then indeed the three-month notice period of § 580a Abs. 1 No. 3 BGB applies. Therefore, you should issue a written notice of termination again, taking into account the mentioned notice period, so that by 3/10 at the latest, you can ensure that the garage will be available to you on 1/1/2010.
The rental agreement for the garage with the tenants is still valid. If you now obstruct access to the rental property, for example by changing the locks, you will be liable for damages in the event that the tenant then uses another paid option to park his vehicle. Even if the tenant does not use the garage for his vehicle, changing the locks constitutes unauthorized self-help. The tenant could have new locks installed at your expense.
In conclusion, for you:
The termination of the rental agreement for the garage requires a three-month notice period to be effective. If you terminate by 3/10 at the latest, the tenants must have vacated and handed over the garage by 1/1/2010. You are not allowed to change the locks, as this would make you liable for damages at the moment.
I hope this has helped you. Feel free to ask if you have any further questions.
Best regards,
Andreas Scholz, Attorney
