The 5 Day Notice To Vacate is a specialized legal document used in German property law when immediate termination of a tenancy is necessary due to severe circumstances. This document is only valid under specific conditions outlined in the German Civil Code (BGB), particularly 搂543 and 搂569, which permit extraordinary termination with immediate effect. Such circumstances might include serious breach of contract, criminal activity on the premises, substantial rent arrears, or actions that significantly endanger the property or other tenants. The notice must be properly served, include all legally required information, and be accompanied by sufficient evidence supporting the grounds for immediate termination. While standard German tenancy law typically provides for longer notice periods and substantial tenant protections, this expedited notice serves as a crucial tool for landlords in emergency situations requiring swift action.
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1. Sender Details: Full name and address of the landlord or property management company
2. Recipient Details: Full name and address of the tenant, including apartment/unit number
3. Property Identification: Clear identification of the rental property subject to the notice
4. Date and Delivery Method: Current date and method of delivery of the notice
5. Legal Grounds: Specific citation of BGB 搂543/569 and detailed grounds for immediate termination
6. Vacation Requirement: Clear statement of the 5-day deadline and requirement to vacate
7. Property Return Conditions: Specific requirements for returning the property in accordance with BGB 搂546
8. Legal Consequences: Statement of legal consequences if tenant fails to vacate
9. Signature Block: Landlord's or authorized representative's signature and date
1. Previous Warnings: Reference to any previous warnings or notices issued to the tenant, used when the eviction is due to repeated violations
2. Payment Details: Information about outstanding rent or damages, included when the eviction is related to payment issues
3. Key Return Instructions: Specific instructions for returning keys and access devices, used when special arrangements are needed
4. Property Inspection: Proposed date and time for final property inspection, included when coordination is required
5. Legal Representative: Details of legal representation if the notice is being issued through an attorney
1. Evidence Documentation: Copies of relevant evidence supporting the grounds for immediate termination (e.g., police reports, witness statements, payment records)
2. Photograph Schedule: Documentation of property damage or violations, if applicable
3. Previous Correspondence: Copies of relevant prior communications, warnings, or notices
4. Power of Attorney: If the notice is being sent by a legal representative or property manager, documentation of authority to act
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