Today´s article focuses on contracts for the lease of an apartment or house, especially on the final part. How to proceed in termination of lease contract according to the law?
Termination of the lease contract AKA how to get out of it
A lease may be agreed upon for a definite period, i.e. to a predetermined date or for a predetermined period (for 12 months from the date of signing the contract), or for an indefinite period (durable lease or open-ended lease).
A stipulated period lease ends by the expiration of time, otherwise it can be terminated only for reasons stipulated by law (provisions of sec. 2227, 2232, 2266, 2287 and 2288 of the Civil Code) or for reasons explicitly stated in the contract/agreement. In your case, it could be such a change in the circumstances based on which the parties entered into the lease contract/agreement that the tenant cannot be reasonably required to continue the lease. An example could be changing jobs, which requires the tenant to move to another city/state. Furthermore, the tenant may terminate the lease if the landlord breaches the landlord’s obligations in a particularly severe manner or if the leased property becomes inhabitable.
The landlord may terminate the lease contract if you grossly violate your tenant obligations, if you are convicted of a crime in a court of law or on account of a public interest or for another, similarly serious reason.
There is a three-month notice period for both you and the landlord, which starts in the month following the termination of the counterparty. This means that if the other party receives the notice on 1st February, the notice period goes into force on 1st March.
It is necessary to state the reason!
While you as tenant are not required to state the reason for the notice (termination for convenience), the landlord is always required to state the reason, otherwise such notice is, at a minimum, invalid. Furthermore, notice given by landlord must also provide instructions on the possibility of the tenant to file an objection and have the legitimacy of the notice reviewed by a court of law.
In case of a lease for an indefinite period, the landlord may also give notice if he or she needs the property to fulfill the needs of his/her family members or his/her own needs. Once again, you as tenant may give notice without giving a reason. Here too, the notice period is 3 months.
While you as tenant are not required to state the reason for the notice (termination for convenience), the landlord is always required to state the reason, otherwise such notice is, at a minimum, invalid. Furthermore, notice given by landlord must also provide instructions on the possibility of the tenant to file an objection and have the legitimacy of the notice reviewed by a court of law.
In case of a lease for an indefinite period, the landlord may also give notice if he or she needs the property to fulfill the needs of his/her family members or his/her own needs. Once again, you as tenant may give notice without giving a reason. Here too, the notice period is 3 months.
Immediate termination of the lease contract? It is possible!
An exception from the above rules is defined in sec. 2291 of the Civil Code, which makes it possible for the landlord to terminate a lease immediately (without the applicable notice period) in case the tenant breaches the contract in an especially gross manner – for example, if you do not pay the rent and utilities for a period longer than three months even though you have been requested by the landlord to make amends. Such a request to make amends is an obligatory requirement and without which such a statement is not considered. However, this form of dismissal requires proper and detailed justification.
Bear in mind that regardless of the period for which lease is stipulated, any termination notice must always be made in writing and demonstrably delivered to the other party.
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