Enforcement of and defence against notices to quit, and representation in eviction proceedings
Terminating a tenancy has far-reaching consequences for landlords and tenants alike. We review notices of termination, enforce justified terminations, defend against unjustified ones and represent you in eviction proceedings.
The key points at a glance
Ordinary termination of residential tenancies
For ordinary termination, the landlord requires a legitimate interest, in particular personal use, a significant culpable breach of duty by the tenant, or an obstacle to appropriate economic use of the property (§ 573 BGB). The notice must be given in writing and state the reasons. The landlord’s notice period increases with the duration of the tenancy.
Termination without notice
Either party may terminate without notice for good cause (§ 543 BGB), for instance where the tenant is substantially in arrears with the rent. A prior warning is generally required, though not in the case of payment arrears. If the tenant settles the arrears within the statutory grace period after service of the eviction claim, the termination without notice may become ineffective.
Tenant’s objection
The tenant may object to an ordinary termination and demand continuation of the tenancy if ending it would cause unjustifiable hardship (§ 574 BGB). The courts weigh up the interests of both sides.
Eviction proceedings
If the tenant does not vacate voluntarily, the landlord must obtain an enforceable eviction order. Self-help eviction is not permitted. Eviction cases are given priority by the courts. The court may grant the tenant a period to vacate. The special protective provisions of residential tenancy law do not apply to commercial leases.
How we proceed
We review the validity of a notice of termination already given or the requirements for an intended termination.
We draft the notice of termination or objection and explore options for an amicable solution, such as a termination agreement.
We represent you in eviction proceedings and, on the landlord’s side, in the subsequent enforcement.
Frequently asked questions
Can I terminate because I need the property for my own use?
Personal use applies where you need the premises for yourself, members of your family or members of your household. The need must be genuine and set out comprehensibly in the notice of termination.
How long do eviction proceedings take?
That depends on the court’s workload, the tenant’s defence and any period granted to vacate. A reliable estimate is only possible after examining the individual case.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich