What rights do I have as a tenant in case of termination of the lease agreement?
September 22, 2023 | 55,00 EUR | answered by Günther Schulz
Dear lawyer specializing in rental law,
My name is Robert Busse and I am reaching out to you with an urgent question regarding my rental contract. I recently received a termination notice from my landlord and I am very concerned about my rights as a tenant in this situation.
The situation is as follows: I have been a tenant in an apartment in a multi-family building for two years. There have been no issues with my landlord so far, and I have always made my rent payments on time. However, my landlord has unexpectedly served me with a termination notice for the rental contract, and I am wondering what rights I have as a tenant in this situation.
My main concern is to find out if the termination is legally justified and if there are any ways to challenge it. I am worried about my home and want to make sure that my rights as a tenant are protected.
Can you please explain to me what rights I have as a tenant in the event of a termination of the rental contract and if there are any possibilities to challenge or review the termination? I would greatly appreciate a detailed consultation on this matter.
Thank you in advance for your assistance.
Sincerely,
Robert Busse
Dear Mr. Busse,
Thank you for your inquiry regarding the termination of your lease agreement. It is understandable that you are concerned about your rights as a tenant and want to ensure that you are adequately protected in this situation. I will explain in detail what rights you have as a tenant and what options are available to you to challenge the termination.
In general, a termination of the lease agreement by the landlord is only legally justified under certain conditions. The most common reasons for termination include tenant default, breaches of the contract, or the landlord's own use of the property. It is important to assess whether any of these reasons actually apply and whether the termination has been carried out formally correctly.
If you have received the termination, you should first check if all formal requirements have been met. This includes compliance with the notice period and the written form of the termination. If the formal requirements are not met, the termination could be invalid.
Furthermore, you should assess whether the reason for termination is legally justified. If you believe that the termination is unfounded, you can file an objection within a period of three months after receiving the termination. In such a case, I recommend seeking legal advice in a timely manner to effectively represent your rights.
Additionally, you have the option to request a review of the termination by the locally competent district court. This will examine whether the termination is lawful and whether a continuation of the lease agreement is possible.
Overall, it is important that you seek legal advice promptly in the event of termination to effectively represent your rights. I am available for a detailed consultation and to support you in protecting your rights as a tenant.
I hope that this information has been helpful to you and I am available to answer any further questions you may have.
Sincerely,
Günther Schulz
Attorney specializing in rental law
