The termination of a rental agreement is usually effected by delivery of the termination letter by mail or by messenger. In principle, a notice of termination is effective even if it is not confirmed by the recipient. Why you as a landlord should nevertheless demand a confirmation of termination from your tenant or issue such a confirmation when the tenant gives notice, you will learn in the following article.
No legal right to confirmation
Confirmation of termination can be demanded by both the tenant and the landlord, depending on who terminated the lease agreement. However, this is not absolutely necessary, since a notice of termination is valid even if the receipt of the termination letter was not explicitly confirmed in writing by the contracting party. Therefore, there is no legal right to the issuance of a confirmation of termination.
However, if it comes to Discrepancies between the contracting parties, it is important to have a Receipt to have over the fact that the notice was served in time.
Many landlords think they are on the safe side if they send the letter of termination to their tenant by registered mail. In court, however, the return receipt of the registered letter is often not sufficient to prove the delivery of the notice of termination, because ultimately only the delivery of a letter is confirmed, but not the content of the letter.
A notice of termination handed over in the presence of a witness who can confirm both the handover and the contents of the letter has the greatest probative value. If the notice is delivered in this way, confirmation of receipt by the tenant can be dispensed with.
The situation is different if you as a landlord hand over the notice personally without independent witnesses. In this case, you need a confirmation of termination in order to be able to prove delivery in the event of a dispute.
Written confirmation of termination is useful
Even if the tenant terminates the contract, he can demand confirmation of the termination from you as the landlord. You should comply with this request, as a confirmation of termination serves to create legal certainty for both parties to the contract.
The written confirmation of termination can be used to inform the tenant of his obligations in connection with moving out and to agree on concrete arrangements for the termination process.
In case of dispute, confirmation of termination is advantageous
If there is a disagreement with your tenant, a confirmation of termination can be used to prove that the termination letter was received by the other party in due time and that the contents are correct. Therefore, despite the lack of a legal obligation, it makes sense to issue or. to be issued.
Form of the confirmation of termination
If the tenant has terminated the contract by registered mail and requires you as the landlord to send confirmation of termination, this does not necessarily have to be sent by mail as well. Although it is generally sufficient to write an appropriate email, as a landlord you should play it safe and include the Confirmation of termination by mail, ideally as a registered letter, send.
In addition, you must ensure that all persons named in the rental agreement receive the termination confirmation. In some circumstances, this may mean that you need to send several copies to different addresses. This may be the case if couples who signed the lease together have separated or if a shared apartment with several tenants has dissolved.
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content of the notice
The confirmation of termination by the landlord should, in addition to the exact address of the rental property also all further Data, Dates and Details which could be of importance in the event of a possible legal dispute.
- The date on which the letter of termination was written and delivered
- the date of the end of the contract
- a note about the consequences of a late move-out
- a proposed date for a joint preliminary inspection of the apartment
An appointment for a pre-inspection serves to determine whether renovation or repair work still has to be carried out by the tenant before the apartment is handed over. On this occasion, it is advisable to keep a Protocol in which all the necessary work is listed.
In addition, the termination confirmation should contain a passage in which you as the landlord explicitly object to the continuation of the tenancy beyond the date of termination of the contract.
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Compensation in case of late move-out
In this context, point out in the termination confirmation that the tenant will incur further costs if he does not leave the apartment on time.
If there is a delay in moving out, as a landlord you are entitled to claim compensation for the time in question. The Amount of compensation is generally based on the Monthly rent. If further costs are incurred as a result of the delayed move-out, these can also be charged to the tenant. This applies in particular if costs are incurred for the disposal of furniture or other items left behind in the apartment.
Send confirmation promptly
You should send the confirmation of termination as soon as possible after receiving the termination letter. This way, the tenant can be sure that you have received the termination notice in due time and can start with the necessary preparations for moving out. Last but not least, the confirmation of the termination serves to make the termination process smooth for both contracting parties.
Procedure in the event of late receipt of notice
If the tenant has not complied with the three-month notice period required by law for terminating a lease, you as a landlord should only issue a notice of termination if it is in your interest for the tenant to move out promptly.
In principle, the notice of termination must no later than the third working day of the month in question available. So, for example, if the tenancy is to end on 31. October are terminated, the termination letter must be sent no later than 03. You must have received the notice of termination by July. If it arrives after this date, the notice of termination is invalid on the requested date and can be given at the earliest on 30. November.
For a Litigation it is up to the tenant to prove that the termination letter was delivered on time. However, you are free to agree on a shorter notice period with your tenant and confirm it in an appropriate letter.
Confirmation of termination, whether it is required by the tenant or the landlord, helps to keep the Clearly regulate the termination process and Legal certainty for both parties to the contract.
Even if it is no legal obligation If the tenant does not give notice of termination, you as the landlord should not refrain from doing so and take the opportunity to remind the tenant of his contractual obligations in connection with moving out of the apartment. In addition, the tenant can be made aware of the consequences that await him if he fails to meet the move-out deadline.
As a landlord, you should make sure that all persons who signed the rental agreement receive the confirmation of termination, especially if they can no longer be reached at the same address. This way you can be sure that all parties involved are informed about the termination process.