The Early Termination Of Lease Agreement By Landlord is a crucial document used in the German real estate market when a landlord needs to end a tenancy agreement before its intended completion date. It is primarily used in situations where the landlord has legitimate grounds for termination under German law, such as personal use requirements (Eigenbedarfskündigung), economic necessity, or tenant breach of contract. The document must strictly comply with German Civil Code (BGB) requirements, including proper notice periods, formal written requirements, and justified termination grounds. It's essential in both residential and commercial contexts, requiring careful attention to tenant protection laws and procedural requirements. This document is particularly relevant in urban areas with high rental market activity and must be drafted to withstand potential legal scrutiny.
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1. Parties: Identification of the landlord and tenant, including full names, addresses, and any relevant registration numbers
2. Background: Reference to the original lease agreement, including its date, property address, and any relevant amendments
3. Definitions: Key terms used in the agreement, including 'Property', 'Lease Agreement', 'Termination Date', and other relevant terms
4. Notice of Termination: Clear statement of the landlord's intention to terminate the lease, citing the specific termination date
5. Grounds for Termination: Detailed explanation of the legal grounds for termination under German law (e.g., §573 or §543 BGB)
6. Notice Period: Specification of the notice period in accordance with §573c BGB and confirmation of compliance
7. Property Handover: Requirements and process for the handover of the property, including inspection and key return
8. Security Deposit: Provisions regarding the return of the security deposit, subject to property inspection
9. Final Settlement: Process for settling any outstanding payments, utilities, or other charges
10. Governing Law: Confirmation that the termination is governed by German law
1. Immediate Termination: Used only in cases of extraordinary termination under §543 BGB, detailing the serious breach justifying immediate termination
2. Personal Use: Required when termination is based on landlord's legitimate need for personal use under §573 BGB
3. Economic Hardship: Used when termination is due to economic barriers preventing continuation of the lease
4. Alternative Accommodation: Optional offer of alternative accommodation to mitigate potential hardship claims
5. Renovation Plans: Required when termination is due to planned substantial renovation works
6. Compensation: Optional provisions for compensation to the tenant for early termination
7. Mutual Obligations: Additional specific obligations agreed between parties during the termination period
1. Schedule 1 - Property Condition Report: Template for documenting the current condition of the property
2. Schedule 2 - Handover Protocol: Checklist and form for the final property inspection and handover process
3. Schedule 3 - Outstanding Payments: List of any pending payments or settlements required before termination
4. Appendix A - Evidence: Supporting documentation for the grounds of termination (e.g., plans for personal use, renovation permits)
5. Appendix B - Legal Notices: Copies of any previous relevant notices or correspondence
6. Appendix C - Utility Transfer Forms: Forms for transferring or terminating utility contracts
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