Termination (for cause)

Extraordinary termination is the termination of a lease without notice or with a shortened notice period for good cause, which is possible regardless of contractual or statutory notice periods. Both landlords and tenants may terminate the lease extraordinarily if it is unreasonable to expect the party giving notice to continue the lease until the next ordinary termination date. The legal basis is § 543 BGB; for landlords, § 569 BGB is also relevant.

Valid Reasons for the Landlord

The most classic and common reason is the tenant’s default on payment:

• Rent arrears: According to § 543(2)(3) BGB, good cause exists if the tenant is in default of rent or a significant portion thereof for two consecutive payment dates, or over a period of more than two months with an amount exceeding one month’s rent
• Significant breaches of duty: Serious damage to the rental property, unauthorized subletting, persistent disturbance of the peace
• Use in breach of contract: Commercial use of a residential property without permission

In the event of late payment, please note: Extraordinary termination is only effective if the rent arrears actually reach the statutory threshold. Insufficient arrears or a single late payment are not sufficient. Before issuing the termination notice, the landlord should carefully document the tenant’s account balance and base the termination on clearly verifiable payment arrears.

Important Grounds for the Tenant

Tenants can also terminate the lease for cause-a fact that is often underestimated. Grounds include:

• Significant defects: The landlord fails to remedy defects that endanger health (e.g., mold, heating failure in winter) despite being requested to do so and given a deadline
• Failure to grant use: The landlord prevents the contractual use of the rental property
• Unreasonable disturbances: from the landlord or from neighboring rented units

For an effective extraordinary termination by the tenant due to defects, it is generally necessary to first set a deadline for remedying the defects. Termination without notice is permitted only if the landlord seriously and definitively refuses to remedy the defect or if the defect is so severe that it warrants immediate action (e.g., acute health hazard).

Formality Requirements and Deadlines

Extraordinary termination must be in writing and must specifically state the reason for termination. It may be declared at any time, i.e., without observing notice periods. However, it must be issued “without culpable delay” after the party terminating the lease becomes aware of the reason for termination. A warning letter is not strictly required in cases of late payment, but is often a necessary preliminary step for other violations.

In cases of significant breaches of duty beyond late payment-such as disturbances of the peace, damage to property, or unauthorized subletting-a written warning is almost always a prerequisite. Only if the tenant continues the breach of duty despite a warning, or if the breach is so serious that a recurrence is imminent, can extraordinary termination be issued without a prior warning.

Remedy through Back Payment

Special provision regarding rent arrears (Section 569(3) BGB): Extraordinary termination becomes invalid if the tenant pays the entire arrears within two months of service of the eviction suit-but only if a grace period payment has not already been made once in the past two years.

This grace period provision is a significant tenant protection measure that often delays eviction in practice. For landlords, this means: Even after filing a lawsuit, immediate eviction is not guaranteed as long as the tenant pays. To prevent repeated use of this grace period, it is recommended in practice to also issue a notice of termination for cause in the event of repeated failure to pay.

Practical Tip for Landlords in Nuremberg and Franconia

In Nuremberg, where the housing market is tight, tenants sometimes try to use the additional claim as leverage after receiving an extraordinary termination notice. We recommend that landlords issue a payment reminder immediately upon payment arrears, secure written evidence, and terminate the lease without hesitation after two months of arrears-because every additional month of waiting weakens the legal position. At the same time, we recommend including the ordinary termination as a supplementary request to preserve all options. We are happy to recommend experienced attorneys specializing in tenancy law in Nuremberg and the surrounding region.

Frequently Asked Questions

Do I have to issue a warning before terminating the lease without notice?

No warning is required in the event of late payment. For other breaches of duty (e.g., disturbances of the peace, use contrary to the contract), the landlord must generally first issue a warning and set a reasonable deadline for remedy.

Can termination without notice be combined with a regular termination as a fallback?

Yes, and this is regularly recommended in practice. If the termination without notice fails (e.g., due to the tenant making a back payment), the regular termination with the standard notice period takes effect. This ensures maximum legal certainty.

What happens if the tenant does not move out despite the termination without notice?

The landlord must then file an eviction suit with the competent local court. In Nuremberg, the Nuremberg Local Court has jurisdiction over rental disputes. Once the judgment becomes final, the tenant can be forcibly evicted by a bailiff.

How long does an eviction proceeding take in Nuremberg?

Experience shows that in Bavaria, six to twelve months elapse from the filing of the lawsuit to the actual eviction-depending on the workload of the local court and the tenant’s behavior. In urgent cases (e.g., in the event of an acute threat to other tenants), a preliminary injunction can be obtained to expedite the eviction.

What is a Berlin eviction judgment, and is it applicable in Nuremberg?

The so-called “Berlin model” of eviction enforcement is a cost-effective alternative to traditional eviction, in which the bailiff does not transport the entire contents of the apartment but merely changes the locks and hands over possession to the landlord. The landlord thus becomes the custodian of the items left behind. The Berlin model is applicable nationwide and is also used in Nuremberg-it significantly reduces eviction costs, as the bailiff does not transport or store the furniture. The items left behind initially remain in the apartment; the landlord must set a reasonable deadline for the tenant to collect them. If they are not collected, they may be auctioned off or disposed of after the deadline has expired. For landlords in the Nuremberg metropolitan area, we recommend working toward the Berlin model as early as the eviction proceedings-this saves time and costs when enforcing the eviction judgment.

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