Termination of contract for 17 year olds
August 22, 2009 | 20,00 EUR | answered by Andreas Scholz
Hello,
I have the following problem. In mid-July, I rented an apartment to a 17-year-old (turning 18 on August 6) who was living in a home at the time and was moving into her first apartment. As she is a recipient of Hartz4 benefits, the rent is paid directly by the ARGE (which worked smoothly for August).
However, her boyfriend (approximately 22 years old) suddenly started living in the apartment as well, even though she had stated that she would be living alone. Furthermore, she has been causing trouble with my other tenants due to noise and disputes with her boyfriend. Additionally, she has called the police seven times within two weeks and accused other tenants of various things (threats, etc.).
To avoid further trouble with the other tenants, I would like to terminate her lease as soon as possible.
My questions are:
1. Is the lease even valid if she was not yet 18 at the time of signing?
2. How can I get her out of the apartment quickly?
3. Can I have the apartment evacuated if she does not move out on her own?
I request a specific recommendation on how to facilitate her move-out quickly and legally. I am not just looking to dissolve the lease, but to actually have her leave the apartment.
Thank you!
Dear questioner,
1. Minority at the conclusion of the tenancy agreement?
From this, you cannot derive a termination, as with reaching the legal age and continuation of the tenancy agreement, the tenant has effectively approved the declaration of intent given in July - which was pending ineffective due to your minority and therefore requiring approval - to enter into a tenancy agreement. Therefore, minority in July does not justify a termination.
2. How to terminate quickly?
The quickest way to terminate is by immediate termination according to §§ 543, 569 BGB. Since rental arrears are likely not present, the sustainable disturbance of the peace within the household could be considered as a reason for termination, § 569 para. 2 BGB. Whether the circumstances described by you are sufficient for justification ultimately depends on the judicial assessment. The quality of the circumstances is generally suitable. It is solely a question of extent whether these circumstances can justify termination. Constant disputes with neighbors and groundless accusations against neighbors - which you can also present as witnesses in the event of a legal dispute regarding termination - in my opinion are sufficient to justify immediate termination.
The termination must be in writing and should inform the tenant about the possibility of objection, § 568 BGB.
It is advisable to provide the termination with reasons right away and send it by registered mail with return receipt requested.
Taking in a life partner is initially not a reason for termination, but you can inquire about it. You can refuse to allow it, for example if the living space would be overcrowded or if there are important reasons related to the person of the life partner, § 553 BGB. If there are no reasons present, you must allow the admission, and you may potentially increase the rent, § 553 para. 2 BGB.
3. Eviction?
After valid immediate termination and obtaining an eviction judgment, you can have the premises vacated. Eviction without a judgment is not legally possible, and you could potentially become liable for damages. Set a deadline for eviction with the termination. If it expires, file for eviction.
I hope this information helps. If you have any further questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
