The Termination Of Rental Agreement By Landlord is a crucial document in German property law, used when a landlord wishes to end a rental relationship with a tenant. It must be drafted in accordance with the German Civil Code (BGB), which provides extensive tenant protections and specific requirements for valid termination. The document can be used for both ordinary termination (with standard notice periods) and extraordinary termination (for serious breaches), but in both cases must meet strict legal requirements. For ordinary termination, legitimate reasons such as personal use or economic necessity must be clearly stated. The document needs to include specific details about the property, parties involved, termination date, and grounds for termination. It serves as a formal legal notice and must be provided in written form with an original signature.
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1. Header and Date: Formal letter header with sender's (landlord's) full name and address, recipient's (tenant's) full name and address, and date
2. Property Identification: Clear identification of the rental property including full address and any specific unit numbers or identifiers
3. Reference to Rental Agreement: Mention of the original rental agreement including its date and parties
4. Termination Declaration: Clear and unambiguous statement of termination (Kündigung) of the rental agreement
5. Termination Date: Specific statement of when the termination takes effect, accounting for required notice periods
6. Legal Basis: Citation of relevant sections of German law (BGB) under which the termination is being made
7. Handover Requirements: Information about the expected condition of the property and process for returning keys
8. Signature: Landlord's signature (handwritten signature required under German law)
1. Grounds for Termination: Required for ordinary termination (§573 BGB) - must state legitimate reason such as personal use or economic necessity
2. Description of Violations: Required for extraordinary termination (§543 BGB) - detailed description of tenant violations or other cause for immediate termination
3. Previous Warnings: Reference to any previous warnings or notices sent to tenant, particularly relevant in case of termination due to breach of contract
4. Security Deposit: Information about the process and timeline for returning the security deposit
5. Alternative Dispute Resolution: Optional section offering or suggesting mediation or other forms of dispute resolution
6. Hardship Consideration: Acknowledgment of tenant's right to object due to hardship and the process for doing so
1. Documentation of Grounds: Supporting documents proving the grounds for termination (e.g., plans for personal use, documentation of violations)
2. Property Inspection Schedule: Proposed dates and process for final property inspection
3. Handover Protocol Template: Template for the property handover protocol (Übergabeprotokoll) to be completed during final inspection
4. Previous Correspondence: Copies of relevant previous correspondence, warnings, or notices
Relevant legal definitions
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Residential Housing
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Property Development
Housing Associations
Property Investment
Facility Management
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Relevant Teams
Legal
Real Estate Operations
Property Management
Asset Management
Compliance
Tenant Relations
Facilities Management
Property Administration
Risk Management
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Relevant Roles
Property Manager
Real Estate Manager
Legal Counsel
Property Administrator
Real Estate Agent
Housing Officer
Facility Manager
Real Estate Attorney
Compliance Officer
Property Portfolio Manager
Asset Manager
Tenant Relations Manager
Real Estate Operations Manager
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