Termination notice period for the landlord in an old lease agreement
September 7, 2010 | 25,00 EUR | answered by Bernhard Müller
Old rental agreement from 1983. The tenants are to be terminated by me as the landlord (due to own use) because we are renovating and want to move in ourselves. In the standard rental agreement it states: The tenancy begins on 01.01.1983. It can be terminated by either party no later than the 3rd working day of a calendar month for the last day of the following calendar month. Attention: Now follows the additional pre-printed sentence, which was (without me knowing the reason) crossed out with a pen. What is the notice period as a landlord?
Dear questioner,
According to Art. 229 § 3 III EGBGB, the old tenancy law in effect until 01.09.2001 would apply to old contracts if the termination had been made by 31.08.2006.
Since the termination has only now occurred after the end of the transitional period, the notice period is governed by the new tenancy law. According to § 573 c I 1 BGB, termination is possible until the 3rd working day of a month for the end of the following month. According to sentence 2, the notice period for the landlord extends by 3 months after 5 and 8 years since the provision of the living space.
Saturday is considered a working day. Sunday is not considered a working day. Therefore, the termination must be received by the tenant no later than October 4th. The notice period then ends on June 30, 2011.
Any agreement deviating to the detriment of the tenant is invalid according to § 573 c IV StGB.
Best regards,
Bernhard Müller Lawyer
... Are you also interested in this question? 
