I am often asked: "Must be an ordinary notice of termination of the lease on 31. of the old or at 1. of the new month be pronounced?"
Learn the answer to this question in this post in a few minutes!
Termination of the lease to 31. of the old or as of 1. of the new month?
Let’s take the following example:
You are a tenant and want to live in your apartment only until the end of April 2021. And let’s assume further, today is the 31. January 2021.
Do you now have to give notice of termination "on 30. April 2021" or "as of 1. May 2021" declare?
What does the law say about ordinary termination?
As a lawyer we always like (with emphasis on "always") to have a look into the law. This is in civil law quite often the Civil Code (BGB). There is also the tenancy law regulated, namely in § § 535 et seq. BGB.
Lease agreements for living space are again quite specifically regulated, namely in § § 549 – 577a BGB. Because when it comes to housing, tenants have much stronger rights, so are very strongly protected by law.
For the ordinary termination of residential leases regulates § 573 c Abs. 1 S. 1 BGB the date:
"Notice of termination shall be given no later than the third working day of a calendar month about the process of the month after next permissible."
Because there the Expiration of the old month and not the beginning of the following month is named, the correct answer is: The Ordinary Cancellation has always to the last day of the respective contract period. Thus, in our example must be formulated that the termination "as of 30. April 2021" or. "to the 30.4.2021" takes place.
By the way, in our example, we would have to give notice no later than the third business day of the calendar month for it to take effect at the end of the month after next. Therefore, in our example, the notice of termination must therefore be given to the landlord on 3. February 2021 to be served on the 30. April 2021 becomes effective.
What is then the opposite of an ordinary notice of termination?
If there is an ordinary termination, there must be alternative – logical. But this is not the "untidy" termination, but the extraordinary notice of termination. For living space there is therefore extraordinary termination without notice for cause according to § 543 BGB.
For example, good cause exists when the tenant "is in arrears with the payment of rent or a not insignificant part of the rent for two consecutive dates". Also vice versa – in favor of the tenant – there are reasons for extraordinary termination. Such a reason would exist if "the tenant is not granted the use of the rented property in accordance with the contract, in whole or in part, or is deprived of it again in a timely manner".
Even then, however, the termination is not already effective at the time the notice of termination is received. Rather, there are also special features there in the case of residential rent: The termination is (as a rule) according to § 573d BGB permitted at the latest on the third working day of a calendar month as of the end of the month after next.
Read in Part 2 , How to serve the landlord with a letter of termination in due time and, above all, how to prove receipt of the letter: Form, deadline and receipt of the tenant’s termination notice