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Notice period: There are a few things to consider when it comes to the rental agreement
Which notice periods do tenants or landlords have to comply with?
Will the current living space too small, is a job change or moving, must the lease agreement for the rented apartment or house be terminated. How to terminate the contract, is regulated by law. This also applies to the notice period for a rental agreement. Often the question arises which deadlines apply to whom. Is the Notice period for a rental apartment any other than for a house? Must tenants and landlords different specifications note?
What about theTermination of the rental agreement and the deadline is to be observedwhich regulations the law provides and which There can be exceptions, take a closer look at the following guide.
The most important thing about the notice period for the rental agreement
Tenancy law regulates notice periods differently for tenants and landlords. The most important legal basis for the termination of the rental agreement is § 573c BGB.
In principle, tenants have to observe a notice period of three months. If shorter periods are stipulated in the rental agreement or sublease agreement, these are valid.
If the landlord wants to terminate the rental agreement, the deadline depends on the tenant's rental period. However, it is at least three months.
The most important issues relating to the notice periodNotice period for personal use
Legal basis for the notice period for the rental agreement
Should a unlimited tenancy properly terminated because of the Tenants move out would like or the Landlord personal use claims, deadlines must be observed. These are but different for tenants and landlords.
For fixed-term leases Terminations are usually not possible because of the contract for a certain term was completed. Neither tenants nor landlords can terminate this properly. Hence there is such a case as well no notice periods to be observed for this apartment or house.
The legal basis for the notice period for an open-ended rental agreement can be found in the German Civil Code (BGB). In particular, § 573c BGB is important here. It is important to note that this Ordinary termination rules apply by landlord or tenant.
The paragraph says at the notice period in the case of an apartment or a rented house The following:
(1) The termination is permitted no later than the third working day of a calendar month to the end of the month after the next. The notice period for the landlord is extended by three months after five and eight years since the rental of the living space.
Notice period for tenants
Used by the tenant terminated a lease, the notice period does not depend on the rental period. It is also possible that shorter deadlines in the contract are agreed. These are valid and can be used by tenants. So it can happen that a notice period for a tenant only a month or even 14 days amounts.
In such a case the contractual agreement survives the legal regulation, because here one Advantage for the tenant is created. If regulations are detrimental, it is possible that these are not permitted. But under certain circumstances can rent a special notice period for the rental agreement Make use.
Special right of termination for tenants
Notice periods for tenants can then deviate from those stipulated by law or contractually agreed, if extraordinary termination in certain circumstances justify. Such a can for example with a Rent increase, in the case of renovations or in the event of health risks are present in the rented property.
According to § 561 BGB Tenants have the right to check this in the event of a rent increase and up to Expiry of the second month after receipt of the increase, the tenancy to terminate extraordinarily. Deadlines are set within two months for an apartment termination. Also the notice period for a rental agreement in the case of an upcoming renovation is recorded in the BGB (§ 555e BGB). Tenants can until the end of the month after next terminate after receipt of the letter.
Notice periods for landlords
Notice periods for a rented apartment So orientate yourself on itwho will give notice of termination. Tenants can give an ordinary termination regardless of the rental period cancel, this is at Not the case with landlords.
The notice period that a landlord to note always depends on the tenant's rental period, provided it is an ordinary termination acts. The notice period for the rental agreement is structured staggered for landlords.
Want Landlords, for exampleRegister your own use, the period of notice applies to the house or apartment in accordance with Section 573c of the German Civil Code (BGB). Therefore the deadlines are staggered as follows:
|Rental period||Notice period|
|0-5 years||3 months|
|5-8 years||6 months|
|from 8 years||9 months|
Important here is if contracts were concluded before autumn 2001 and after a Ten-year rental period a notice period of 12 months has been agreed for the rental apartment, this is still valid.
In addition, landlords can set the notice period in the rental agreement as well not to the detriment of the tenant or contrary to the legal regulations shorten. If a longer period has been agreed, this applies only for the landlord.
Separate notice periods for landlords
An exception exists however in the cases when it is Company rental apartments or a so-called “Under one roof” tenancy acts.
That is, the Staggering looks in this case as follows:
|Rental period||notice period|
|0-5 years||6 months|
|5-8 years||9 months|
|from 8 years||12 months|
Landlords have, however under certain circumstances also the right to shorten the notice period. For example, there is the employment relationship, which is necessary for a company apartment, no more and if the apartment is needed for other employees, landlords can give notice to this lease of one month use.
A use contrary to the contract the rental property by the tenant or the Disturbance of domestic peace can justify an extraordinary termination, possibly then also fail without notice can. In such a case, landlords should find out whether in advance a warning is necessary.
Pay tenants, for example two months in a row or longer the rent is not or is for the landlord no longer reasonableThe fact that the tenancy is to be continued can also justify termination without notice. In this case it doesn't matterwhat was agreed in the rental agreement regarding the notice period or what the law says, because these regulations only apply to ordinary terminations.(49 Ratings, average: 4,49 of 5)
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