October 10, 2024, 10:54 am | Read time: 2 minutes
It is possible to terminate a tenancy without notice due to insults, but there are a few hurdles. Specialist lawyer Dr. Mahlstedt explains a curious case in which this happened.
A tenancy can be terminated without notice if the tenant or landlord cannot reasonably be expected to continue the contract. Possible reasons for this include a significant delay in payment or uninhabitable conditions in the apartment. In certain cases, however, insults or defamation are also grounds for extraordinary termination of the tenancy without notice. The prerequisite for this is that the insult is so serious that the tenant or landlord concerned can no longer be reasonably expected to continue the tenancy. For example, a case was heard in court following a tenant urinating in the garden, ultimately leading to a termination.
Termination without notice without a warning is generally not possible
Termination without notice generally requires at least one prior warning. There must be good cause in the form of a breach of an obligation arising from the tenancy in accordance with Section 543 (3) sentence 1 BGB. The Brühl Local Court clarified this in July 2021.
Peeing in the communal garden led to termination
The case in question was as follows: A landlord was annoyed by a tenant’s “constant peeing” in the communal garden and asked him in writing to stop. Several neighbors had already complained about the tenant urinating in the garden. The tenant promised to do better.
Nevertheless, the tenant of all people sent a letter terminating the tenancy without notice with effect from 01.31.2021. The tenant considered the landlord’s accusation to be untrue and defamatory. The landlord insisted on continuing the tenancy until the end of the regular three-month notice period on 30.04.2021.
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Ruling: Not everything constitutes an insult
The Brühl District Court ruled in favor of the landlord in the subsequent legal dispute. The tenant’s termination without notice had not ended the tenancy on 01.31.2020. The tenant did not have sufficient grounds for an extraordinary termination without notice.
The landlord’s statement did not constitute an insult, slander, or defamation, especially as the landlord only addressed his letter to the tenant. The tenant should also have issued a prior warning in accordance with Section 543 (3) sentence 1 BGB (Brühl District Court, judgment of 05.07.21, case no. 28 C 58/19).