Simplified Termination
Pach & Pach lawyers inform the Federal Supreme Court failed the special termination of a tenancy agreement in accordance with section 573a BGB a landlord in his judgment of 17 2010. On this latest occasion, the specialists the Nuremberg firm Pach & Pach shed light on the conditions of the simplified termination by the landlord. In accordance with section 573a para 1 BGB entitled to the landlord of a building with no more than two units, that he himself inhabited the right of lease termination easier. It represents an alternative to the ordinary termination to the landlord must prove no legally billigenswertes self-interest. The protection of the tenant prior to a termination of the contractual tenancy is heavily curtailed by application this special termination right.
As a result, the legislature continues a series of conditions to the termination in accordance with section 573a para 1 BGB. Anthropologie is often quoted on this topic. The simplified notice replaces the ordinary termination. This excludes from the lease, who is landlord-special notice pursuant to section 573a para 1 BGB also not allowed. This is important in particular for fixed-term leases. As long as the time limit is not expired, the landlord may make no simplified notice. He is entitled to rely on section 573a para 1 BGB the proper notice period will be extended by three months. The limitation of the special termination right to building with two apartments, one of which the landlord is also personally inhabited by importance.
Facilitated termination entitled to legal persons, nor landlords who are not the owner of the building. The landlord wants to make use of his special right of termination he must rely explicitly in a written notice to the tenant on the legal basis of this form of the motion. Liberty the tenant, according to 574 BGB contradicting the termination when there is a reason of hardness. In this case it is the jurisdiction to make a decision to get over the effectiveness of the termination.
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