Double termination due to rental debts permitted

Rent debts shouldn’t arise in the first place: If the landlord gives notice because of this, paying later doesn’t always help.

It is better to pay the rent on time: According to the BGH, the tenant can also properly terminate the rental debt

SLong-term tenants must expect an ordinary termination in addition to the immediate termination in the event of default. According to a ruling by the German Federal Court of Justice (BGH) in Karlsruhe, this practice, which is common practice according to the German Tenants’ Association, which aims to ensure that tenants actually move out, is permissible.

The 8th Senate, which is responsible for rental property, referred two cases back to the Berlin Regional Court for renegotiation on Wednesday. In both cases, the landlords had given their tenants notice without notice after they had owed two months’ rent. After the termination, the tenants had theArrears are quickly settled, which, according to the law, makes termination without notice ineffective.

Alternatively, they simultaneously issued an ordinary notice of termination in order to ensure that the tenancy also ends if the outstanding rent is paid within the legally prescribed grace period and the termination without notice becomes ineffective.

The Berlin Regional Court had dismissed two landlords’ evictions. (Az. VIII ZR 231/17 as well as VIII ZR 261/17), because it denied that an ordinary termination was possible parallel to the termination without notice. They argued that this was ineffective because the extraordinary termination had ended the tenancy. In their opinion, it could no longer be properly terminated.

However, the BGH took the position that the tenants would have to prove that they were responsible for theRent arrears could not do anything. The district court had “artificially split up” the legal contexts to be observed in the event of a dismissal into individual components. Now this must check whether the ordinary terminations meet the legal requirements for a reason for termination.