There are many reasons why owners may wish to terminate an existing tenancy - whether due to personal use, extensive modernization measures or a sustained breach of duty by the tenant. However, termination is not possible without further ado. If you want to act in a legally secure and targeted manner, you should know the legal framework - and proceed professionally.
Own use as the most common reason for termination
The most common and legally permissible form of ordinary termination is personal use. In this case, the owner must credibly demonstrate that they need the property for themselves, close relatives or for professional reasons. The more precise and comprehensible the justification, the more legally secure the procedure is. Deadlines and formal requirements must be adhered to - otherwise there is a risk of invalid termination and a lengthy legal dispute.
Conduct-related terminations require supporting documents
A termination notice can also be issued for breaches of duty such as constant rent arrears, massive disturbances of the peace or unauthorized subletting - in serious cases even without notice. It is important to document all breaches and issue the tenant with a warning beforehand. Only if the tenant does not change their behavior can a legally viable termination be issued. Owners should act with a sense of proportion and seek legal advice if in doubt.
Form and process determine success
Every notice of termination must be in writing, signed in person and contain a comprehensible justification. The notice period depends on the duration of the tenancy and is usually three to nine months. Important: The reasons must exist at the time of termination - arguments put forward later are usually not recognized in court. Professional preparation ensures clarity and reduces the risk of unnecessary conflicts.
Conclusion
Anyone wishing to terminate a tenancy should proceed prudently and with legal certainty. Whether for personal use or breach of duty - clear reasons, documented procedures and formal letters are the key to a successful termination. In case of doubt, a specialist view from the outside can help.
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