The Month To Month Eviction Notice is a crucial document in German residential property management, used when terminating periodic tenancy agreements. It must strictly comply with German Civil Code (BGB) requirements, particularly regarding notice periods (typically three months) and form requirements. This document is essential when landlords need to end a month-to-month tenancy for legitimate reasons such as personal use, economic necessities, or tenant violations. The notice must include specific legally required information, proper justification, and adhere to strict formal requirements under German law. It's particularly important to note that German tenancy law strongly protects tenant rights, making proper documentation and legal compliance crucial for the validity of the eviction notice.
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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(s)
3. Date: Date of the notice issuance
4. Subject Line: Clear identification as a termination notice (Kündigung des Mietverhältnisses)
5. Property Identification: Clear description of the rental property including full address and any specific unit numbers
6. Notice Declaration: Formal declaration of termination of the rental agreement
7. Termination Date: Specific date when the tenancy will end, accounting for the required notice period
8. Legal Basis: Reference to relevant sections of the BGB and the rental agreement
9. Signature: Landlord's or authorized representative's signature
1. Reason for Termination: Required if termination is based on legitimate interest (e.g., personal use, economic reasons) under §573 BGB
2. Property Handover Instructions: Details about the expected condition of the property and handover process
3. Outstanding Payments: Include if there are any rent arrears or other outstanding payments
4. Legal Consequences: Information about tenant's rights and obligations, including right to object under §574 BGB
5. Alternative Accommodation: Information about alternative housing options, particularly relevant in social housing cases
1. Proof of Delivery: Documentation of proper service of notice (Zustellungsnachweis)
2. Power of Attorney: If notice is being given by an authorized representative
3. Supporting Documentation: Evidence supporting the reason for termination (e.g., plans for personal use, economic calculations)
4. Property Condition Report: Current state of the property, if relevant to the termination
5. Rental Agreement Copy: Copy of the original rental agreement for reference
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