Termination of your flat without notice – what you can do now
A termination without notice is probably the most unpleasant way to lose your rented flat. For a landlord to terminate without notice, there must be compelling grounds, such as substantial rent arrears. What does it mean to receive a termination without notice, how long do you have to move out, and what options do I have as a tenant to object? We explain the most important facts.
In brief:
- A termination without notice is a form of extraordinary termination for good cause (außerordentliche Kündigung aus wichtigem Grund).
- Under certain circumstances, tenants also have the right to terminate without notice if the flat becomes uninhabitable.
- A termination without notice must always be preceded by a formal warning (Abmahnung).
- In the case of rent arrears, paying the outstanding amount promptly can still avert a termination without notice – although it may then only be converted into an ordinary termination.
What does termination of a flat without notice mean?
A tenancy is usually established by a contract that is either fixed-term or open-ended. With an open-ended tenancy agreement, the tenancy only ends when the landlord or tenant terminates the contract – and only if the formal requirements are met.
An ordinary termination by either side is usually only possible with a notice period of three months. A termination without notice is an extraordinary termination that is only valid under certain circumstances. Incidentally, it is not only landlords who have the right to terminate without notice, but also tenants – for example because of an intolerable condition of the flat.
The Civil Code refers to this as extraordinary termination for good cause (außerordentliche Kündigung aus wichtigem Grund).
Grounds for extraordinary termination of a tenancy
An extraordinary termination of a tenancy agreement is subject to rules that differ from the general rules of tenancy law. Each of these terminations also differs from the others, which makes a blanket definition difficult. The legal basis can be found in § 543 of the German Civil Code (BGB). There are extraordinary terminations with a statutory notice period and terminations without notice. Although there are various grounds and circumstances for a termination without notice, they must always be unreasonable (unzumutbar) for one of the two parties.
Whether it is the landlord or the tenant who terminates without notice: both parties should first issue a formal warning to the other side and set a specific deadline for remedying the matter complained of. Only once this deadline has passed without anything happening may a termination without notice be issued.
A termination without notice by the landlord may be based on the following grounds:
- Substantial rent arrears (of at least 2 months' rent)
- Unauthorised subletting of the flat
- Running a business without permission
- Persistent noise disturbance
- Serious disruption of the peace of the building (Hausfrieden)
- Repeated non-payment or late payment after a warning
Please note: Outstanding amounts from service charge statements do not count as rent arrears. Nor is it necessarily grounds for termination if the arrears result from a reduced rent (because of defects in the flat).
There are also grounds that justify a termination without notice by the tenant:
- Use of the flat as agreed in the contract is no longer guaranteed
(e.g. because of construction work) - Living in the flat poses a serious health risk
(e.g. because of severe mould infestation) - The landlord enters the flat without permission
- The landlord does not hand over the keys to the flat
- The landlord has let the flat to someone else
How long do you have to move out after a termination without notice?
Even with a termination without notice, a landlord cannot expect the tenant to move out immediately and without any period at all. The landlord must grant the tenant a period in which to plan the move; this period is usually set at 2 weeks.
If the tenant does not move out of the flat within this period, the landlord can file an eviction action (Räumungsklage). This does not necessarily have to happen, but landlords usually do so. An eviction can also only be enforced if the termination without notice has been reviewed and confirmed by a court.
If the termination without notice is due to rent debts or late payment, a tenant can still avert the termination by paying.
Averting a termination without notice
If the landlord has terminated without notice because of rent debts, you as the tenant should settle these debts as quickly as possible. Even if an eviction action has been filed, there are still ways to avert the move-out: there is a so-called grace period (Schonfrist) of two months after service of the eviction action. If the tenant pays the debts within this period, the termination becomes invalid (§ 569 para. 3 no. 2 BGB).
Caution: Partial payments or payment in instalments are not sufficient here!
If a termination without notice for rent debts has already been issued within the past two years, a further termination can no longer be prevented even by settling the debts.
Has the landlord's trust already been disappointed several times by late payments? If, for example, you pay late again after receiving a warning about this, the landlord may also terminate without notice.
Payment can avert a termination without notice, but an ordinary termination may still stand. This also applies if the landlord has additionally issued a “normal” termination.
What options are there to object to a termination without notice?
Tenancy law generally allows an objection to a termination without notice if the tenant or members of the same household would suffer particular hardship:
- Advanced pregnancy
- Very old age
- Serious illness and disability
- Shortly before an exam or school-leaving qualification, where the move would require a change of school
- Existing risk of suicide
In some cases, a termination without notice by the landlord is not legally valid, and an objection can be lodged against it:
- If the landlord has made formal errors in the termination, e.g. only refers in general terms to significant noise nuisance without describing it in more detail. A landlord must always state precisely why they are terminating without notice (§ 569 Abs. BGB).
- If the termination without notice was not preceded by a formal warning
If a landlord has terminated without notice on truthful and comprehensible grounds, objections are difficult to enforce. This also applies if the tenancy is only for a fixed term.
By the way: a landlord naturally also has the right to object to a termination without notice. However, if the tenant has terminated without notice because of damage to the flat that the landlord knowingly concealed, the landlord cannot lodge an objection.
CONNY gets you your rights!
- Arrange a telephone appointment with one of our legal experts
- We check your termination without notice for possible errors
- We lodge an objection against unlawful terminations without notice
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