Tenancy law: Termination without notice for smoking weed and disturbing the peace of the house

AG Brandenburg - Ref.: 30 C 196/23 - Judgement of 30.04.2024

Facts of the judgement:

The plaintiff is demanding that the defendant vacate and surrender a flat that he occupies on the basis of a written usage agreement dated 1 August 2008. The defendant has rented the flat on the third floor on the left of the house on P... Straße ... in B..., consisting of 2 ½ rooms, a bathroom, hallway, kitchen, balcony and a cellar room. The monthly rent is 459.42 euros.

Dismissals and accusations:

In the course of 2023 and 2024, the defendant repeatedly disturbed the peace in the building, which led to several extraordinary terminations of the tenancy without notice and, alternatively, ordinary terminations. These were issued by the plaintiff on 14.08.2023, 16.10.2023 and again on 28.03.2024. The plaintiff justifies these terminations with massive breaches of duty by the defendant, including threats, insults, noise nuisance and aggressive behaviour towards other tenants.

A particularly serious incident occurred on 7 May 2023, when the defendant came into violent conflict with the officers following a police operation. The defendant was then taken to hospital after large quantities of narcotics and several knives were seized in his flat.

Further disturbances of the domestic peace were documented in June and August 2023, when the defendant insulted and threatened other tenants and caused loud door banging. As a result, the plaintiff was forced to give extraordinary notice to terminate the tenancy several times.

Incident from 27/28/03/2024:

On the night of 27.03.2024 to 28.03.2024, the defendant forcibly gained access to the neighbouring flat by tearing the door off its hinges and entering the flat, which prompted the plaintiff to issue another extraordinary termination without notice. The neighbours concerned also obtained an order against the defendant under the Protection against Violence Act.

Statements from witnesses:

Several witnesses confirmed the allegations against the defendant. The witness M... F... reported that the defendant had regularly appeared outside her home since March/April 2023 and displayed aggressive behaviour. On 27 March 2024, he forced his way into her home, which traumatised her children. Her husband, S... F..., confirmed this account and reported further disturbances by the defendant, such as the loud slamming of doors and aggressive confrontations.

Another witness, S... U..., described how the defendant repeatedly walked through the house in 2023 and loudly slammed his front door. When U... approached the defendant about this, he became loud and threatening, which prompted U... to call the police.

Judicial decision:

The court came to the conclusion that the defendant's behaviour significantly and lastingly disturbed the peace of the house. It found that the plaintiff was justified in terminating the lease, as the landlord could no longer be reasonably expected to continue the tenancy, taking into account all the circumstances and weighing up the interests of both parties.

The court ruled that the disturbances of the domestic peace, the threats, insults and the violent assault on the neighbouring flat justified termination without notice. The witness reports and the evidence presented supported the plaintiff's account, so the court considered the eviction claim to be justified.

The defendant denied the allegations and claimed that he was innocent of the incidents. He also denied having threatened or insulted the other tenants. However, the court did not believe these objections, as the witness statements and the available evidence spoke a different language.

Conclusion:

The court ruled in favour of the plaintiff and confirmed the termination without notice. The defendant was ordered to vacate and hand over the flat. The continued disturbance of the peace and the defendant's aggressive behaviour towards the other tenants made it unreasonable to continue the tenancy. The court thus agreed with the plaintiff's view that the termination without notice was justified and necessary to preserve the peace in the house and to protect the other tenants.

This judgement underlines the importance of respectful and peaceful coexistence in rental communities and the rights of landlords to act consistently in the event of serious disturbances of the peace in the home.