The Termination Of Lease Agreement By Landlord is a crucial document used in the German real estate market when a landlord wishes to end a lease agreement with a tenant. It must be drafted in strict compliance with German tenancy law, which is known for its strong tenant protections. This document is typically used when the landlord has a legitimate interest in terminating the lease, such as personal use of the property, economic reasons, or tenant breach of contract. The document must include specific elements required by the German Civil Code (BGB), including clear identification of parties, precise grounds for termination, and appropriate notice periods. It's essential to note that German courts often scrutinize such terminations carefully, particularly in residential cases, making proper documentation and reasoning crucial for enforceability.
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1. Parties: Identification of the landlord and tenant, including full names, addresses, and any relevant registration numbers
2. Background: Brief summary of the existing lease agreement, including its date, the property address, and reference to the original contract
3. Definitions: Key terms used in the termination notice, including references to the original lease agreement terms
4. Termination Notice: Clear statement of termination, citing the specific section of the lease agreement and/or BGB being relied upon
5. Grounds for Termination: Detailed explanation of the legitimate reason(s) for termination as required under German law (搂573 BGB)
6. Notice Period: Specification of the notice period being given and the effective date of termination
7. Property Handover: Requirements for the condition of the property upon return and the process for handover
8. Security Deposit: Statement regarding the return of the security deposit subject to final inspection
9. Final Utility Bills and Accounts: Process for settling final utility bills and other pending accounts
10. Governing Law: Confirmation that the termination is governed by German law and relevant BGB provisions
11. Signatures: Space for dated signatures of the landlord or authorized representative
1. Alternative Accommodation: Include when the landlord is legally required to or voluntarily offers alternative accommodation options
2. Renovation Requirements: Include when specific renovation or restoration work is required beyond normal wear and tear
3. Outstanding Payments: Include when there are any rent arrears or other outstanding payments to be addressed
4. Tenant's Right to Object: Include when required to explicitly inform tenant of their right to object under 搂574 BGB
5. Early Termination Option: Include when offering the tenant the option to terminate earlier than the notice period
6. Property Sale Notice: Include when termination is due to property sale and specific provisions apply
1. Schedule 1: Property Inspection Report: Current condition report of the property and any existing damage
2. Schedule 2: Photographic Evidence: If termination is due to property condition, photos documenting the state of the property
3. Schedule 3: Proof of Legitimate Interest: Documentation supporting the landlord's reason for termination (e.g., personal use plans, economic calculations)
4. Appendix A: Final Utility Reading Form: Form for recording final utility meter readings
5. Appendix B: Property Handover Checklist: Detailed checklist for the final property inspection and handover
6. Appendix C: Original Lease Reference: Copy or relevant excerpts of the original lease agreement
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