The Early Termination Of Lease By Landlord document is a crucial legal instrument under German tenancy law, used when a landlord needs to end a lease agreement before its scheduled termination date. It must strictly comply with the German Civil Code (BGB) requirements, particularly §§ 543, 568, and 573, which govern termination grounds, notice periods, and formal requirements. This document is typically used in situations involving serious breach of contract, landlord's legitimate need for personal use, or other legally justified reasons as specified in the BGB. It must include precise details about the property, parties involved, termination grounds, and notice periods, while ensuring compliance with tenant protection provisions that are particularly strong in German law. The document serves as official notice and must be properly served to all parties on the lease.
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1. Sender Details: Full name and address of the landlord or property management company
2. Recipient Details: Full name(s) and address of all tenants on the lease
3. Date: Current date of the termination notice
4. Subject Line: Clear indication that this is a termination notice (Kündigungserklärung)
5. Property Identification: Clear identification of the rental property including address and any specific unit numbers
6. Termination Declaration: Clear and unambiguous statement of termination including the specific termination date
7. Legal Grounds: Specific legal basis for termination under German law with reference to relevant BGB sections
8. Notice Period Calculation: Explanation of the notice period and how it has been calculated
9. Property Handover Requirements: Instructions regarding the handover of the property, including condition requirements and key return
10. Signature: Landlord's or authorized representative's signature (mandatory under German law)
1. Immediate Termination Declaration: Used only in cases of extraordinary termination without notice period (§543 BGB) where severe breach of contract has occurred
2. Previous Warnings Reference: Include if there have been previous warnings issued to the tenant that support the termination
3. Alternative Date Proposal: Optional section offering alternative moving out dates, useful for maintaining good relations
4. Security Deposit Details: Information about the handling of the security deposit, if relevant to include at this stage
5. Legal Consequences: Additional information about legal consequences if tenant doesn't comply, used in cases of serious breaches
1. Documentation of Grounds: Supporting evidence for the termination grounds (e.g., payment records, incident reports, photos)
2. Previous Correspondence: Copies of relevant previous communications, especially warnings
3. Power of Attorney: If the notice is being sent by a property manager or legal representative, proof of authority to act
4. Property Handover Protocol Template: Template for the final property inspection and handover process
Relevant legal definitions
Mietobjekt (Rental Property)
Vermieter (Landlord)
Mieter (Tenant)
Mietvertrag (Lease Agreement)
Kündigungstermin (Termination Date)
Kündigungsfrist (Notice Period)
Kaution (Security Deposit)
Übergabeprotokoll (Handover Protocol)
Wichtiger Grund (Important Reason)
Außerordentliche Kündigung (Extraordinary Termination)
Ordentliche Kündigung (Ordinary Termination)
Räumungsfrist (Vacation Period)
Nebenkostenabrechnung (Utility Settlement)
Hausverwaltung (Property Management)
Wohnungsübergabe (Property Handover)
Vermieter (Landlord)
Mieter (Tenant)
Mietvertrag (Lease Agreement)
Kündigungstermin (Termination Date)
Kündigungsfrist (Notice Period)
Kaution (Security Deposit)
Übergabeprotokoll (Handover Protocol)
Wichtiger Grund (Important Reason)
Außerordentliche Kündigung (Extraordinary Termination)
Ordentliche Kündigung (Ordinary Termination)
Räumungsfrist (Vacation Period)
Nebenkostenabrechnung (Utility Settlement)
Hausverwaltung (Property Management)
Wohnungsübergabe (Property Handover)
Clauses
Relevant Industries
Real Estate
Property Management
Residential Housing
Commercial Property
Legal Services
Property Development
Social Housing
Student Housing
Corporate Real Estate
Retail Property
Relevant Teams
Legal
Property Management
Real Estate Operations
Asset Management
Tenant Relations
Compliance
Administration
Facilities Management
Portfolio Management
Risk Management
Relevant Roles
Property Manager
Real Estate Manager
Legal Counsel
Housing Officer
Facility Manager
Asset Manager
Property Administrator
Leasing Manager
Real Estate Attorney
Compliance Officer
Property Portfolio Manager
Housing Association Manager
Tenant Relations Manager
Real Estate Operations Manager
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