Ask a lawyer on the topic of Tenancy law

Termination of contract due to the birth of a child with a heart condition

August 8, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Can we terminate our lease prematurely for a top floor apartment, as our child was born with a heart condition and needs to avoid overheated rooms for care purposes. We had temperatures of 32°C. The landlord immediately offered to install an air conditioning unit without increasing the rent due to the modernization. In the rental agreement, we waived the right to terminate the lease within 2 years.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry, which I would like to answer as follows:

Unfortunately, I do not see any possibility for an extraordinary termination. On the one hand, the health condition of your child was already known before the rental, and on the other hand, it is also known that attic apartments heat up more and faster in the summer than, for example, a ground floor apartment.

Ultimately, the landlord has offered you assistance by installing an air conditioning system, so I do not see any unreasonable hardship on your part that would justify an extraordinary termination.

I would like to point out 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 hope that my explanation has been helpful to you, even though I regret not being able to provide a more positive outcome. Feel free to contact me via email or by using the follow-up option.

I wish you a pleasant Sunday afternoon!

Kind regards from the North Sea coast,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774