The Early Termination Of Tenancy Agreement By Landlord is a crucial document in German property law, used when a landlord needs to end a tenancy agreement before its intended completion date. It must strictly comply with the German Civil Code (BGB), particularly regarding valid termination grounds, notice periods, and tenant protections. This document is typically used in situations such as landlord's personal need for the property, intended property sale, or substantial breach of contract by the tenant. It must include specific legal requirements including written form, clear grounds for termination, and notice periods varying from 3 to 9 months depending on the tenancy duration. The document also needs to account for tenant's rights to object based on social hardship clauses under §574 BGB.
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1. Parties: Identification of the landlord and tenant, including full names, addresses, and any reference numbers from the original lease
2. Background: Details of the existing tenancy agreement including date of commencement, property address, and reference to original contract
3. Definitions: Key terms used in the termination notice, including references to relevant sections of the BGB
4. Grounds for Termination: Clear statement of the legal basis for early termination under German law (e.g., §543 or §573 BGB)
5. Notice Period: Specification of the notice period in accordance with §573c BGB and the intended termination date
6. Property Handover: Requirements and process for the handover of the property, including condition requirements and key return
7. Security Deposit: Process and timeline for the return of the security deposit after property inspection
8. Final Accounting: Details regarding final utility bills, service charges, and any outstanding payments
9. Legal Rights: Information about the tenant's legal rights, including the right to object under §574 BGB
10. Signatures: Space for dated signatures of all parties, meeting the written form requirement under §564 BGB
1. Alternative Accommodation: To be included when landlord is required to or voluntarily offers assistance in finding alternative accommodation
2. Compensation: Include when offering compensation for early termination or covering moving costs
3. Renovation Requirements: Include when specific renovation or restoration requirements exceed normal wear and tear
4. Social Hardship Considerations: Include when addressing known social hardship circumstances of the tenant
5. Property Sale Details: Include when termination is due to property sale, including relevant documentation
6. Personal Use Details: Include when termination is due to landlord's personal use, specifying intended use and timing
1. Schedule 1 - Property Documentation: Original lease agreement, amendments, and relevant correspondence
2. Schedule 2 - Termination Grounds Evidence: Documentation supporting the stated grounds for termination (e.g., building permits, sale contract, proof of personal need)
3. Schedule 3 - Property Condition Report: Current condition documentation and comparison to initial condition report
4. Schedule 4 - Outstanding Payments: Detailed list of any outstanding rent, utilities, or other payments
5. Appendix A - Legal Notice: Standard legal information about tenant rights and objection process under German law
6. Appendix B - Handover Protocol Template: Template for the final property inspection and handover process
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