Termination of garage by landlord
November 28, 2009 | 50,00 EUR | answered by Michael Vogt
Dear Sir or Madam,
we have been living in a rental apartment since 1988. In a courtyard on the residential property there were garages, which were all occupied at the time of renting the apartment. In 1990, we then rented the first garage with a separate rental agreement and in 2004 the second garage. All rental payments were made on time.
Recently, our building has had a significant vacancy, but now these floors are being renovated, so they are likely rented out.
Today, we received termination notices for both garages from the landlord without giving any reasons. We assume that both garages can be rented out more lucratively for him due to the re-renting of the floors.
Is the termination of the garages lawful? How should we proceed?
Thank you for your help.
Kind regards,
Andrea Halberstadt
Dear questioner,
dear inquirer,
I am happy to answer your question based on the circumstances you have described and taking into account your contribution as follows:
In the case of so-called "separately rented items," the question of which regulations apply to the termination of the contract in terms of form, deadline, and content depends solely on the item that has been terminated.
According to legal precedent, separately rented items are particularly found in cases where residential space and a garage are rented separately.
Accordingly, in your case, the regulations regarding the termination of residential space do not apply, which would have required the landlord to have a valid reason for termination.
Rather, the landlord does not need a specific reason for termination, but can terminate the contract according to § 542 BGB, provided that the lease was not concluded for a specific period of time.
He must only adhere to the deadlines in § 580a BGB, which I am allowed to quote for your information as follows:
"§ 580a
Termination deadlines
(1) In the case of a lease of real estate, premises that are not commercial premises, or ships registered in the ship register, ordinary termination is permissible,
1.
if the rent is calculated by days, on each day at the end of the following day;
2.
if the rent is calculated by weeks, no later than the first working day of a week at the end of the following Saturday;
3.
if the rent is calculated by months or longer periods, no later than the third working day of a calendar month at the end of the month after next, in the case of a lease of commercially used undeveloped real estate or ships registered in the ship register, however, only at the end of a calendar quarter."
Therefore, if the contracts for the garages were not concluded for a specific period of time and the landlord has complied with the aforementioned deadlines, I do not see a legal basis for successfully challenging the terminations.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on your information, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. The legal assessment may differ completely by adding or omitting relevant information.
You are welcome to contact me through the follow-up option on this platform or via my email address.
For legal representation beyond this initial consultation, my law firm is also available.
I wish you a pleasant weekend and remain
Sincerely,
RA Michael Vogt
