Under certain circumstances, either party to a rental agreement can terminate a fixed-term or indefinite lease. This can be done without adhering to a specific notice period if there is an important reason. The legal provisions of Sections 543 and 569 of the German Civil Code (BGB) apply in such cases. Section 543 BGB acts as a „general clause,“ meaning it is applicable to both the landlord and the tenant, allowing for immediate termination when an important reason is present.
In a tenancy, both the landlord and the tenant are obligated to protect and take care of the rented property. This includes treating it with care and avoiding actions that could cause damage to the rental property. These duties of care are not limited to refraining from harmful actions but also require the tenant to take reasonable and necessary measures to prevent or mitigate damage. For example, in winter, the tenant is required to heat the rental property, including rented spaces like the basement, to prevent frost damage. Furthermore, the tenant’s duties extend to other parts of the building. If the rental property is an apartment, the tenant must also take care of all parts of the building they and others might come into contact with, such as common areas or stairwells.
If the rental property is endangered, the landlord has the right to terminate the lease without notice. This constitutes an „important reason“ under Section 543 BGB. When such a termination is considered, it is examined on a case-by-case basis whether it is reasonable to expect the continuation of the tenancy or if it is no longer tolerable. In this context, the interests of both parties are weighed, with particular attention given to the fault of the landlord or tenant. It is important to note that the landlord must observe the general termination requirements, especially in the case of extraordinary termination.
Endangerment of the Rental Property
Under Section 543(2)(1)(2) BGB, the landlord has the right to terminate the lease if the tenant significantly endangers the rental property by neglecting their duties of care. This provision applies to all leases, although it should be noted that for residential leases, termination must also be in writing, as required by Section 568(1) BGB, and must be justified, as per Section 569(4) BGB.
Thus, the tenant’s neglect of their duties of care, as a breach of contract, and the resulting significant endangerment of the rental property are prerequisites for termination. This implies that a single violation of the duty of care is not sufficient to justify termination. For example, merely storing bulky waste in the rental property is not enough to constitute grounds for termination unless it endangers the property. Moreover, the endangerment must be „significant,“ meaning only threats of substantial weight justify immediate termination.
Inadequate Heating of the Rental Property
Mangelhaftes Beheizen des Mietobjekts
As mentioned earlier, the tenant is obligated to avoid any actions that could damage the rental property. Therefore, the tenant must provide moderate heating to prevent damage from frost, moisture, or more commonly, mold growth. A prolonged lack of heating could constitute a significant breach of duty, entitling the landlord to terminate the lease after a prior warning. If the lack or inadequacy of heating causes damage to the property, immediate termination may be justified after a prior warning.
Trash Accumulation/Neglect of the Rental Property
The requirements of Section 543(2)(1)(2) BGB have been upheld in case law when the tenant accumulates trash or clutter in the rental property, causing significant nuisance to other tenants through odors or posing a concrete threat to the building’s structure, such as through the overload of floor decks or compromised fire safety (see LG Berlin, Judgment of 28.2.2011, 67 S 109/10).
Blocking access or making it difficult to reach the individual basement spaces of other tenants due to waste, boxes, bicycles, or garden tools, as well as potential fire safety risks, has also been accepted as grounds for termination by the District Court of Dortmund (see AG Dortmund, Judgment of 6.3.1989, 109 C 570/88). Furthermore, the risk of pest infestation due to trash accumulation in the rental property justifies immediate termination (see AG Hamburg-Harburg, Judgment of 18.3.2011, 641 C 363/10; AG Rheine, Judgment of 26.2.2008, 4 C 731/07).
Endangerment of Fire Safety in the Rental Property
If the tenant stores flammable substances or materials in the rental property, it always compromises fire safety. If the tenant stores piles of boxes, paper, or other paper products near heat-generating items like lamps, fireplaces, or stoves, fire safety is no longer adequately ensured. Fire safety is also compromised if the tenant stores items like furniture in the hallway or stairwell, obstructing escape routes. In such cases, the landlord must first warn the tenant and set a deadline for removing the obstructive items. Only if the tenant fails to comply can the landlord terminate the lease.
Excessive Animal Keeping in the Rental Property
Excessive animal keeping occurs when the uncontrolled and careless allowance of animals, which increases the intensity of use of the rental property beyond normal levels, causes damage to the property. The number of permissible animals must remain within normal limits to avoid unreasonable disturbances to neighbors (AG Neustadt/Rbge., ZMR 98, 785). For example, keeping seven cats in a three-room apartment could constitute excessive animal keeping (AG Berlin-Lichtenberg, NJW-RR 97,774). Such animal keeping entitles the landlord to terminate the lease, but the landlord must first warn the tenant.
Intentional flooding of the rental property or arson, which poses a risk of destroying other rental properties or even the entire building, also constitutes an important reason for termination. In cases of intentional actions (e.g., arson), prior warning is not necessary, allowing the landlord to terminate the lease immediately without notice. In cases of negligent actions, however, a prior warning is typically required.
Consequences of Endangering the Rental Property: Warning and Termination
The tenant should first be properly warned
A prior warning is often required. Only after a set period for remedy has passed, or directly after a warning, is immediate termination permissible. Such a period for remedy must always be set if the tenant’s breaches of duty or their consequences are ongoing. If this is not the case, the landlord must still issue a warning. What constitutes a reasonable period depends on the circumstances of the individual case. Similarly, a demand for immediate remedy may meet the requirements of reasonableness in some cases.
After Warning, Immediate and Alternatively Regular Termination Can Follow
An immediate termination of a lease by the landlord must be in writing and include a justification, as required by Section 569(4) BGB. The reasons for the termination must be clearly and comprehensibly explained to the terminating party. The letter must detail the misconduct or breach of contract attributed to the tenant or landlord (e.g., noise disturbances, unauthorized pet ownership, mold infestation, or damage to the rental property, as mentioned above).
In Some Cases, a Warning May Be Unnecessary
There are exceptions where a warning may be unnecessary. For example, if the remedy is obviously futile, as indicated by a serious and definitive refusal to remedy (BGH Judgment of 22.10.1975 – VIII ZR 160/74), if remedy within a reasonable period is impossible (OLG Karlsruhe ZMR 1988, 224), or if the trust relationship is irreparably broken (BGH Judgment of 18.11.1999 – III ZR 168/98). In cases of severe breaches of duty by the tenant, making the tenancy unreasonable, immediate termination is also justified. Additionally, obvious insolvency or unwillingness to pay by the tenant can also constitute sufficient grounds. The terminating party must prove that a reasonable period for remedy or warning was given, as a warning is a crucial prerequisite for the effectiveness of immediate termination.
In summary, a tenant may have violated their duties of care concerning the rental property if they receive a warning from the landlord. The warning must include a request to stop the breach of contract or restore the rental property to its proper condition within a reasonable period. If this period passes without remedy, the landlord may terminate the lease immediately or, alternatively, regularly.
However, it is important to remember that each case is unique, and minor variations can lead to entirely different legal perspectives. For example, ordinary children’s noise is not sufficient grounds for termination due to an „important reason“ (LG Lübeck Judgment of 31.01.1984 – 6 S 354/83).
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this contribution has been created to the best of our knowledge and understanding. However, the complexity and constant changes of the subject matter require us to exclude liability and warranty.
If you need legal advice, feel free to contact us at 0221 – 80187670 or send us an email at If you require legal advice, feel free to call us at 0221 – 80187670 or send us an email at If you need employment law advice, feel free to call us at 0221 – 80187670 or send an email to info@mth-partner.de... info@mth-partner.de.
Lawyers in Cologne provide advice and representation in tenancy law.