Germany: Termination of lease during a pandemic

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─ Hello, dear editors!

Thank you for being there and thank you for your work!

They are trying to evict my friend from the apartment. As far as I understood, they want to settle the parents in the apartment so that they can move into their big house themselves. My friend lives alone with two children. She is looking for an apartment, but it needs to be conveniently located. After all, the kindergarten and the school should not be very far away.

A friend works, but because of the pandemic, she was transferred to a part-time job. She had less funds, but her ex-husband helped. It’s just that the money didn’t always come on time. Therefore, from April to July, she paid about a week later for the apartment. But she paid. Many are now unable to do this. As far as I know, a law has been passed to protect tenants.

Today the landlord called and told her that she had three months to move out of the apartment. She, they say, has been breaking the agreement for several months, and his patience has run out. He terminates the contract. Tell me, is it legal? Is being late in times of crisis considered a reason for termination? Is my girlfriend eligible for broker’s pay? What time should she leave the apartment?

Earlier, no one told her about the termination of the contract. She learned about the plans to move her parents in from the neighbors. That is, the termination followed today by phone due to late payment …

Vera K., Darmstadt.

─ Dear Vera!

Termination of the lease by the lessor is possible only in a special order. The reason may be a violation of the terms of the lease agreement. An unconditional basis for terminating a lease is a lease debt of two months or more. If the debt has not reached this level, then the termination of the contract can be successfully dealt with. You can fight if the debt exceeds this amount. In this case, the debt must be reduced so that it is less than two months.

Another reason for the termination of the contract by the homeowner is his own need for housing – for the residence of his family or relatives. Here, in the letter of termination of the contract, the reason must be precisely named and detailed justifications must be provided. A number of formalities must also be followed for such termination of the lease. If not all the conditions are met, termination of the contract can be fought. To do this, you need to contact a lawyer or a tenant protection organization.

Maxim BRITANOV, lawyer.

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