Attorney Helmer Tieben specializes in rental law and can be reached at 0221 80187670. The law office is located at Sachsenring 34, between Ulrepforte and Chlodwigplatz in the southern part of Cologne.

The scope of advice in rental law covers both residential and commercial rental law. Continuous education and collaboration with other colleagues are emphasized. Attorney Helmer Tieben is a member of the Cologne Bar Association and also a member of the German Bar Association’s Working Group for Rental Law and Real Estate, which has over 2,850 members nationwide, including around 130 in Cologne.

On this website, we regularly publish and comment on recent court rulings in rental law from courts in Cologne, as well as from courts throughout Germany.

Terminating and otherwise ending residential tenancies

Time and again, our law firm is asked to counsel and represent tenants or landlords who want to terminate residential lease agreements. In the case of residential tenancies, terminations can differ strongly – depending on whether the landlord or the tenant is terminating the lease agreement. The landlord requires a special reason for termination, which he must, moreover, specify in detail in his notice of termination. Common grounds for termination under tenancy law are, for example, belated rent payments, behaviour that endangers the rental property or disturbs the domestic peace, such as insulting or threatening other tenants or the landlord. Especially in metropolitan areas such as the city of Cologne, where residential space is hard to come by, termination is therefore one of the most contentious issues between tenant and landlord.

For this reason, when it comes to terminations under residential tenancy law, both landlords and tenants need legal advice. The tenant should immediately verify that the termination was justified and, if necessary, lodge an objection pursuant to section 574 of the German Civil Code (Bürgerliches Gesetzbuch) or take other measures against the termination. Before giving notice, the landlord must verify whether he actually has the right to terminate, whether his notice of termination is correctly worded and whether he has duly observed the statutory time limits.

Also, the question whether this is an ordinary termination (with a notice period) or extraordinary termination (without a notice period) and/or whether one or several warnings are necessary before giving notice is often difficult to decide and can lead to costly mistakes, if you are not familiar with tenancy law. Under certain circumstances, a cancellation agreement (Aufhebungsvertrag) between tenant and landlord may even be preferable to termination. Termination for the purpose of owner occupation (Eigenbedarfskündigung) or termination for economic exploitation (Verwertungskündigung) by the landlord are further important topics for tenancy law counselling. It is becoming increasingly common for wealthy investors to buy entire buildings, enter into tenancy agreements and then terminate the leases of long-term tenants at short notice.

However, both termination for the purpose of owner occupation and termination for economic exploitation are subject to strict requirements and must be justified extensively and precisely. As an expert on tenancy law, Lawyer Helmer Tieben advises both landlords on the drafting of notices of termination for owner occupation and economic exploitation, and tenants on how to defend themselves against such notices.

Under certain circumstances, Lawyer Helmer Tieben, can of course also attempt to negotiate a settlement as the legal representative of the tenant or the landlord. You can rely on his expertise and continuous further training.