Termination in case of rent arrears
Section 543 (2) no. 3 BGB regulates when the landlord has the right to give notice of termination without notice. According to this, termination without notice may be given if the tenant has not paid the rent or not paid the entire rent on two consecutive payment dates and as a result there is an outstanding amount that is higher than one month’s rent.
Another way to terminate the contract without notice is if a sum higher than two months’ rent is outstanding for a period longer than two payment dates. If the landlord waives termination without notice in these cases, he can still give notice of termination within the period specified in Section 573 of the German Civil Code. In this case, however, the notice periods must be observed.
It is also important that a notice of termination must always be given in writing and that verbal notice will not stand up in court. The notice of termination must state the reason for the termination without notice.
What to do with rent arrears?
As a tenant, if you are in arrears or if you are in arrears, you should contact your landlord as early as possible. Since the landlord is not obliged to give notice and the tenant can present a valid reason, a solution can perhaps be found with one’s own landlord. However, landlords are not obliged to grant the tenant a solution or to accept it. It is therefore at the discretion of the landlord to accept a solution or to give notice of termination.
Rental associations can also be a good place to go if you have problems with your rent. However, membership is a prerequisite for consultation.
Losing a job or a cut in salary are probably the most common reasons why tenants can no longer pay their monthly rent. In such a case, the rent debts can be taken over by the job center or social welfare office. But here, too, it is important to take care of it as early as possible, as the processing times can vary.
While the ways in this paragraph to make up their rent arrears are all feasible and practical, tenants should also consider borrowing the arrears from family or friends. If the tenant has already received notice of termination without notice, this will become ineffective once payment has been made. However, this only applies to tenants who have not received a termination without notice in the last two years. Because tenants who regularly do not meet their rental obligations are not intended to be protected by this regulation.
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