No notice period in the rental agreement
The issue of notice periods is important for tenants and landlords of living spaces. These deadlines are usually noted in the rental agreement. However, if this does not contain any provision for terminating the tenancy, you still have the legal basis as a point of reference.
Notice period for tenants
- Unless you and your landlord do not rental contract have completed on time, that is possible Tenancy law assume you have this Tenancy have been received for an indefinite period. In this case, you generally have three months' notice, regardless of how long you have stayed in the apartment or apartment. have lived in the house.
- So if you want to terminate your apartment, your termination reach your landlord no later than the third working day of the month, so that this takes effect at the end of the month after next. Example: You would like to sign your rental agreement by the 30th Cancel September. Your termination should therefore be no later than the 3rd July to have arrived at your landlord.
- As a tenant, you do not have to justify your termination, unlike landlords. You can also agree a shorter notice period with your landlord (e.g. B. a month or 14 days). However, it does not work the other way around.
When landlords terminate the lease
- In contrast to tenants, as a landlord you are not allowed to terminate a rental agreement without a legally recognized reason. Unless your tenant commits a gross breach of contract (e.g. B. Failure to pay the rent). Then you may terminate the tenancy extraordinarily.
- You may only terminate a tenancy agreement with a tenant who is loyal to the contract in justified special cases (e.g. B. Own use). On the other hand, there are no reasons if you suddenly no longer like your tenant or if you want to rent the apartment to a friend.
- In addition, different notice periods apply to landlords than to tenants, depending on the length of the tenancy. If the tenancy is up to five years, a period of three months applies to you (as is the case with tenants).
- However, if the tenant lives in the living space you rent for more than five years, the period is extended to six months. In the case of a tenancy of more than eight years, you must adhere to a period of nine months.
Apartment - keep the notice period
If you want to terminate an apartment as a tenant, then you have to ...
No notice period for temporary contracts
- Unless the tenant and landlord agree otherwise, a rental contract is valid for an indefinite period. The lease therefore only ends if it is terminated within the specified period of notice.
- If the landlord does not want to set a deadline in the contract, he must enter into a fixed-term tenancy with the tenant. The rental period is therefore fixed for a certain time and therefore ends automatically. Neither the tenant nor the landlord have to adhere to a deadline.
- Because fixed-term tenancies end automatically after the specified period, no notice period needs to be specified in the contract.
Note: If the tenant wants to move out of the apartment early and the landlord does not want to stand in his way, both parties can use a so-called Rent cancellation agreement to lock. So there is no notice period.
How helpful do you find this article?
