What is valid for an indefinite period
Notice period for an apartment: what do you have to consider?
What are the notice periods for apartments?
In the Renting an apartment is it an on contract concluded for a definite or indefinite period between tenant and landlord. It is agreed that the landlord will provide the tenant Transfer usage rights as long as this is an appropriate Pays rent. Such a contract can of course also be terminated. This is usually done by a termination. In order for this to be valid, the notice periods of the rental agreement must be adhered to.
Because of the great importance of an apartment for a tenant's life, there is one statutory notice period for tenancy over living space. The legislature thus protects the Tenant interests and keep him from arbitrariness. Here is that Civil Code (BGB) authoritative for tenancy law. The notice period is regulated there accordingly and it is also clarified how tenants and landlords feel in special situations have to behave.
This guide informs you about the legal framework on the notice periods for a rented apartment, when in a rental agreement the Notice period shortened or extended can be and when one termination without notice is lawful.
Special advice on the notice period for an apartment
What are the general notice periods in tenancy law?
German tenancy law is in the Sections 535 to 580 of the BGB described. In addition to the rights and obligations of tenants and landlords, it sets the legal framework for every rental agreement.
Housing tenancy law is of particular importance, because with it a certain social function Fulfills.
It basically strengthens the Position of the tenant, which is why a "social tenancy law“Can be spoken of. This also has an impact on the Notice period for a rented apartment.
More than half of the people living in Germany rent an apartment, which is why the legislature calls this group of people particularly worth protecting deems. Because of this, the Freedom of contract in terms of living space Restricted in many corners, so for the tenant disadvantageous clauses in the rental agreement are often invalid. The social tenancy law applies accordingly with the notice periods its precipitation.
Should one Termination of apartment a distinction must therefore be made between who is quitting. Tenants can usually always cancel. For landlords it is against it heavierto end the tenancy.
What are the notice periods for tenants?
For tenants, the normal notice period for an apartment is always three months. The termination takes place at the end of the month and must contact the landlord no later than the 3rd working day of a calendar month reach out so that it is on time. With this waiting period, the Post Taken into account. Decisive for the rental notice period on the part of the tenant is Section 573c BGB. In the first paragraph it says:
The termination is permitted no later than the third working day of a calendar month to the end of the month after the next.
One special reason the tenant does not have to provide evidence for the termination of the lease. The termination must, however written done even if the letter of termination informal can be.
Nevertheless, there are important points which are on the document should not be missingso that it is legally effective.
It should be noted that only the written form is legally binding is. A termination by fax or email is not valid. Same goes for one verbally pronounced termination.
It is different if Agreements between tenant and landlord have been hit. However, these must verifiable in case of litigation.
What must be in the letter of termination?
- In the subject line "termination" stand.
- The letter must to all landlords be addressed.
- All tenants from the lease must sign.
- place and date
- Name of the apartment (Address and location of the apartment, if necessary apartment number)
How can you meet the notice period for the apartment?
A notice period of three months applies to tenants. To a timely termination this is only the case if the landlord can hold it in his hands by the 3rd working day at the latest. An example illustrates how the The tenant adhered to the notice period can be:
A tenant wants to give notice of his apartment in September. To do this, he creates a letter and sends it at theSeptember 15th. The landlord receives the notice on September 17th. The lease ends after three months, so on December 31. The same applies if the landlord is writing not until October 4th receives, because October 3rd is a public holiday. Should be October 4th on a sunday fall, October 5th would still be on time. Saturdays, on the other hand, are considered working days because the post is also delivered on these days.
In this example, the Delivery date on October 5th which falls on a Wednesday would be the termination no longer on time. However, this does not invalidate the termination, but that The end of the tenancy is postponed just a month back. The termination will only be on 31 January of the following year.
What are the notice periods for landlords?
According to tenancy law, the notice period for the landlord is also three months. However, it is extended after five years of uninterrupted rental on six months and after eight years for nine months. Old rental contracts (up to autumn 2001) can still have one Notice period of 12 months with a rental period of over 10 years contain.
This rule applies for the landlord then continue. However, the tenant only has to Three month period adhere to.
However, if such an open-ended rental contract has been concluded, the tenant is without one legally recognized reason not to cancel. Even if there is such a reason, the landlord must comply with the stated notice periods in accordance with tenancy law.
Staggered notice period for the landlord:
- three months for a rental period of less than five years
- six months for a rental period of more than five years
- nine months for a rental period of more than eight years
Reasons for a termination on the part of the landlord:
- own use
- Significant breach of duty by the tenant (e.g. rent not paid)
- Disadvantages due to a hindrance to an appropriate economic exploitation (e.g. planned demolition and new construction)
If the notice period is to be adhered to by the landlord, this is also the third working day of the month crucial. However, the termination is only possible with one comprehensible justification and in writing binding. So it is not enough to write: "Termination due to personal needs". Instead, this must be personal use explained in more detail become.
Tenancy law: What is the notice period for personal use?
In principle, the staggered notice period for the apartment applies according to § 573c BGB. Note, however, that Cancellation blocking periodthat occurs when moving out of a rental apartment Apartment ownership justified becomes. First after three years or in some federal states too only after ten years can terminate the new owners due to their own needs.
In addition, a landlord forfeits the right to enforce his own use, if already when concluding the rental agreement It is foreseeable that the rental property will be occupied by yourself or a family member at a later point in time. Becomes the tenant upon conclusion of the contract not indicated in writing, a termination due to personal use is invalid. Instead of an indefinite one, the contracting parties would have one fixed-term lease should complete.
If the personal requirement only arises after the contract has been concluded, it must in the future with some certainty enter. Also deserves attention Hardship regulationthrough which a tenant has a Avoid termination can. If there is no more personal use, the termination is also effective invalid.
Is a shortened notice period in the rental agreement valid?
The lease offers the option of using so-called clauses to deviate from the legal text. For example, one is conceivable Shortening the notice period for the appartment.
At a unlimited tenancy However, this is only permitted if for the tenant more favorable notice periods than are stipulated in tenancy law.
For example, there are leases in which a one-month or fourteen-day notice period was agreed. The tenant can then make use of this accordingly. For the landlord, however, continue to apply legal regulations. A clause that compares the tenant with the lawdisadvantaged, is therefore legal not effective.
When can the statutory notice period for the rental agreement be circumvented?
The legislature has deliberately opted for a fixed notice period for an apartment. In the sense of “social tenancy law”, this is particularly intended to Protect tenants from arbitrariness and unfair behavior. The tenant usually has his center of life in the rented premises. The BGB becomes his Position strengthened.
However, there are also situations in which the partial generous deadlines for both parties are not suitable. Especially when there have been disputes. In order to be able to react adequately to such situations, there is also that Special right of termination, where on the regular notice period there is no longer any entitlement to an apartment.
Special right of termination: Termination of the tenancy without a statutory notice period
Compliance with the three months' notice for an apartment does not have to be complied with by the contracting parties if it important reasons there that waiting for the notice period unreasonable do.
In such cases it can usually even terminated without noticebecome T. In less severe cases there is one shortened notice period applicable to the home.
At a Rent increase For example, the notice period is reduced to two months. Stand comprehensive renovations , which are likely to be considerably disruptive, can be done with a One month period be terminated.
So that a tenancy can be terminated without notice, you have to very serious reasons are present. But as a ruleDefects in the rental property andwrong behaviour first to warn. If there is no improvement, it may be possible to terminate the contract without notice. In serious cases, even this is not applicable Obligation to issue a warning and set a deadline. The decisive factor is Section 543 BGB.
Reasons for the tenant:
- The rented property cannot be used in accordance with the contract (e.g. significant defects, rented property not handed over on time).
- The condition of the apartment is hazardous to health (e.g. severe mold growth).
- Serious breaches of contract on the part of the landlord (e.g. unauthorized entry of the rented property for no reason, deliberate incorrect billing of ancillary costs).
Reasons for the landlord (usually a warning required beforehand):
- Tenant does not pay his rent for two months in a row.
- Rent is always late.
- Severe trespassing, permanent and significant disturbance of the peace
- Serious neglect of the rental property
- Unauthorized subletting
- Unauthorized trade (depending on the trade)
How do I have to terminate the rental agreement without notice?
A termination without notice has the same effect as an ordinary termination written to be done. Same goes for that Legal tenancy warning. The latter is considered a warning shot. If the tenant or the landlord does not react, one is termination without notice mostly justified.
In case of Rental debts termination without notice by the Payment of the missing amount be averted. This is up to two months after a legally binding eviction notice possible. The tenant can, however, rely on this grace period payment only every two years called.
Waiver of notice: Suspend the statutory notice period under tenancy law
In the case of a waiver of termination, the notice period for the apartment remains basically the same. What is agreed is that the tenant as well as the landlord for a time stipulated in the rental agreement to a decent one Termination according to § 753c Abs. 1 BGB dispense. The possibility of extraordinary termination as Special termination rights remain in principle.
According to German law, a waiver of termination may be for a period of four years do not exceed, otherwise the entire Clause ineffective. The same applies if the lease not correct in form (e.g. in writing) has been concluded. In such cases the Notice period for the apartment like a classic open-ended lease.
In addition to the classic termination of an apartment with a notice period, there is also the option of via Rent cancellation agreement to end the tenancy. As long as the two parties agree, this is the way forward Freedom of contract quite feasible. The contract should, however recorded in writing for reasons of evidence become.
Special cases when terminating the rental agreement: What is the deadline?
Even if the deadlines have been largely regulated by law in the case of an apartment notice, there are Special cases, on which the otherwise usual stipulations not fully applicable are. Have to for example with one Temporary lease Deadlines being kept? Is there at Commercial space rental comparable regulations?
Does the statutory notice period apply to temporary rentals?
since September 2001 there are only the so-called "qualified time leases". Previously it was possible to set a period, e.g. B. five years, easy to specify. Meanwhile, such fixed-term contracts justified become. If this is not done, they applyautomatically as unlimited.
According to § 575 BGB, the following reasons apply to the time limit:
- own use
- Planned major structural changes (conversion, renovation, demolition)
- Rooms are to be rented for service purposes (e.g. company apartment)
Theoretically, a fixed-term rental agreement is required no notice period. After the agreed time it ends automatically. At the earliest four months before the scheduled end of the tenancy, the tenant can ask whether the The reason for the limitation is still present. The landlord must answer this question within a month answer. If the answer is delayed, the rental period can be delayed attached become.
Is the Occurrence of the reason for the limitation, the tenant can have a Extension of the delay in reply demand. If, on the other hand, the reason no longer applies, the tenant may Extension of the lease for an indefinite period desire. Then they apply from now on usual notice periods according to tenancy law.
Usually exists during the term of the lease no right to an ordinary termination. However, there is often one Subsequent tenant clausewhat it enables the tenant to do prematurely to get out of the lease. Also one Termination for an important reason according to § 543 BGB can mean an early termination of the tenancy. If both contracting parties agree, a Rent cancellation agreement terminate the tenancy.
Granny flat and two-family houses
A extended notice period for an apartment can arise when tenant and landlord in one Two-family house or in a single-family house with a separate apartment "live under one roof.
At the same time, the landlord has a Special right of termination. To terminate the tenancy, the landlord needs in accordance with Section 573a of the German Civil Code (BGB) no legally recognized reason for termination (e.g. personal use).
In return, the statutory notice period for rented apartments is extended by three months. The tenant does not have to move until three months later. Landlords also have the option of with reason for termination to end the tenancy. In this case, the normal notice period for the apartment applies according to § 573c BGB.
Termination of a furnished apartment: what is the deadline?
In university cities in particular, students like to take advantage of housing offers from landlords furnished living space to offer. This business is quite worthwhile for the owners, because the way can be frequent a higher rent for a smaller apartment are required. It also has advantages for the tenants, because they do not need any money in expensive furnishings invest.
But in this case the in § 573 ff BGB described notice periods? To answer this question, it must first be clarified whether a complete apartment or just a room was rented in an apartment that is occupied by the landlord himself. In the first case, the rental agreement must be terminated -with an ordinary deadline and the like Reason for termination. So the furniture has does not affect the notice period the apartment.
It is different with shared living space. Will be a room in your own apartment rented furnished, the legislature classifies the landlord's right to the Protection of the center of his life higher one.
The social tenant protection therefore does not apply. For this reason, the notice period for the apartment is according toSection 542 (2) number 2 BGB is much shorter. The tenant can do so no later than 15th of a month be terminated. This must at the end of the month then leave the premises. If the tenant wishes to cancel, the same deadline applies.
Sublease contract: notice periods for a sublet apartment
In principle, the following apply to the sublease agreement statutory regulations of the main lease. The notice period for the apartment is analogous to the sublease transferred to. The main tenant enters the Role of the landlord. As a rule, there is no legal relationship between the main landlord and the sub-tenant.
A distinction must be made in each case whether the entire apartment or just one room (furnished, unfurnished) was rented. If the entire apartment has been sublet, the subtenant must with an ordinary notice period including the reason for termination (e.g. personal use) can be terminated.
At a temporary sublease ordinary termination is not possible. When the deadline expires the tenancy ends automatically. It should be noted that only one qualified temporary contract is legally permissible. The time limit must therefore be justified. Often apartments are sublet because the main tenant has them because of, for example, one Stay abroad cannot inhabit it by itself. In that case it would be own use a comprehensible reason for the time limit after his return.
Was a furnished room rented to a subtenant, can in accordance with Section 542, Paragraph 2, Number 2 of the German Civil Code the tenancy will be terminated at the end of the month if the sub-tenant is 15th of the month the termination is handed over.
- The main landlord must be a sublease agree. Unauthorized subletting justifies one termination without notice.
- If a main tenant has a legitimate interest in subletting, he can request the Ask for permission. If this is refused anyway, he will receive a Special right of termination. He can terminate with three months' notice. However, this usually only affects Time leases.
- The sub-tenancy and the main tenancy end not automatically together. The termination by the main landlord also justifies Not the termination of the sublease agreement. Becomes the main tenant culpably terminated, can Claims for damages on the part of the subtenant. In the sublease agreement, a Coupling of both tenancies be regulated.
Rental notice period for a company apartment
Company residences or company residences are becoming common salaried employees provided when the proximity is necessary for the execution of the work. The notice period for the apartment is according to § 576 Abs. 1 Nr. 2 BGB then one month, if that The employment relationship no longer exists and the living space for another employee is required who should carry out the corresponding activity in the future.
If work and home are not so closely linked, one is Period of three months to terminate, provided the tenancy wasless than ten years.
Lease termination: what is the deadline for commercial properties?
Becomes a Commercial space rented, freedom of contract applies in principle. Both parties can corresponding notice periods some. The decisive factor, however, is whether the rental agreement is for a temporary or permanent rental is decided. The limited tenancy ends automatically.
Was with the open-ended contract no separate notice period agreed, it is six months. In order for the termination to be timely, it must according to § 580a BGB no later than the third working day reach the tenant or the landlord within a calendar quarter.(42 Ratings, average: 4,40 of 5)
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