Termination of lease

There are two ways to terminate a lease contract - either by expiry of the agreed period or by termination by one of the parties before the expiry of the agreed period (the terms are set out in the Civil Code). Along with the lease, the sublease automatically ends and cannot be extended independently. In the case of a sublease agreement, it is possible to give notice without giving any reason, which is its main disadvantage. Do you know the difference between a lease, a sublease and a tenancy?

Reasons for termination of the lease by the tenant:

Without giving reasons (indefinite period):
The tenant may terminate the lease for an indefinite period without having to give a reason (§ 2231). A three-month notice period applies.
Change in personal circumstances (fixed term):
If there is a change in personal circumstances that makes it unreasonable to continue the tenancy, a fixed-term tenancy can be terminated (§ 2287). A three-month notice period also applies here.
Property unusable for living:
If the property is uninhabitable, or if the landlord fails to remedy the defects within a reasonable time, the tenant may terminate the lease immediately (Sections 2227 and 2266).

Reasons for termination of the lease by the landlord:

The landlord needs the property:
An indefinite lease can be terminated if the landlord needs the apartment for himself or his relatives (§ 2288). A three-month notice period applies.
Serious breach of the lease by the tenant (§ 2291):
- Non-payment of rent and utilities for at least three months.
- Damage to the apartment or house.
- Harassment or damage to the property of the landlord or other persons in the house.
- Unauthorised use of the flat or change of use.
Procedure: The landlord must first notify the tenant in writing and invite the tenant to remedy the situation. If the tenant fails to remedy the situation, a notice of termination will follow.
Other reasons:
- Subletting without landlord's consent or notice.
- Increase in the number of occupants of the apartment without informing the landlord.
- The apartment is occupied by more people than is appropriate given the size of the apartment.
- Neglecting maintenance, failing to report needed repairs or making structural alterations without approval.
- Failure to allow inspection of the apartment or obstruction of repairs.

Notice period:

The period of notice shall always begin on the first day of the month following the delivery of the notice to the other party.