Can the tenant still save the tenancy by payment of rent? If the tenant pays the rent over a period of time not completely, it may cause a backlog of more than two month’s rent. Such a backlog of fellow can entitle to immediate termination and subsequent eviction by the landlord. How can the lessee shall save his lease? To tenant-protection laws, the tenant can make the termination with a full payment of the outstanding rent ineffective if the payment within two months after the occurrence of the lis pendens of the eviction claim (notice of the eviction petition), as far as in the period of two years before the tenant has not ever made use of this scheme. Dramatic for the tenants, however: according to the Bundesgerichtshof, such a payment eliminates only the termination. At BC Ministry of Health you will find additional information. The ordinary termination will remain in effect told him, i.e.
the lessee must under circumstances out of the apartment. It is disputed whether a prior warning before saying the termination is required. Although the Federal Court doesn’t see this, as the Landgericht Berlin maintains consistently considers, that a warning is generally unnecessary (such as District Court of Berlin, judgment of March 23, 2010, 63 S 432/09). Particularly hard, it is the tenant in the following case: should he be due to defects of the opinion, the rent was reduced and therefore regularly less rent transfer, can be notice explained due to late payment yet effective. If the shortcomings cannot or do not exist to an extent corresponding to the reduction ratio adopted by the tenant, the tenant has luck.
Landgericht Berlin up-to-date: This was confirmed by the District Court of Berlin in a recent judgment of the 18.4.2011, 67 S 502/10. Although the tenant has compensated the Mietruckstand within the two month time limit and thus the termination was subsequently cancelled, the tenants had to pull out. The District Court of Berlin saw a backlog of about one Month’s rent as a significant Mietruckstand entitled to an ordinary termination. In such cases, it’s the fault of the lessee. Each individual case will be examined by the courts. Specialist Attorney tip tenant: you pay your rent on time and as with standing order. Should be not sure whether rent is to the landlord (E.g., because you think you have a right to the reduction in rent), you pay the rent at least subject. Should you have not accidentally paid the rent and get a corresponding notice of the landlord, you should consult a lawyer immediately. Specialist Attorney tip landlord: If you pronounce a termination due to arrears, you should explain always alternative a timely notice of termination without notice. If you pronounce a termination, you will notice that the termination has to be justified. Need to run exactly the arrears in the notice. It is not enough to specify the overall balance. More precisely, you must list is for what months the tenant with the payments in arrears. You must also specify how you have charged the incoming payments of the lessee. Finally, a proper power of attorney be attached to the termination by the landlord himself, but by proxy is the resignation letter as far as (property management, legal, etc.) is pronounced. Even if the Federal Court of Justice in the case thought a warning not necessary it is advisable regularly to speak (at least) a warning before saying an immediate, timely alternative termination. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail: