Paderborn Regional Court, 03.07.2024, Ref.: 1 S 77/23
Introduction
Disputes between landlords and tenants are commonplace, but things get particularly tricky when criminal offences or payment problems are involved. A recent judgement by the Paderborn Regional Court (judgement dated 03.07.2024 - 1 S 77/23) shows under which circumstances landlords may terminate a tenancy without notice and what is important for the effectiveness of such terminations. Which legal principles are decisive here and what should landlords and tenants be aware of?
The case at a glance
A landlord gave his tenant several notices of termination without notice and, alternatively, an ordinary notice of termination, initially due to an alleged theft of wood, later due to late rent payments and other allegations such as breaches of data protection and damage to property. The tenant did not accept the notices of termination, which is why the case went to court. After the local court ruled in favour of the tenant, the landlord lodged an appeal.
Decision of the Paderborn Regional Court
The Paderborn Regional Court confirmed the judgement of the court of first instance and declared all cancellations invalid.
Legal background and reasoning of the court
Wood theft
Offences committed by the tenant can justify termination without notice (Section 543 (1) BGB), but only if there is clear evidence. In this case, however, the landlord could not clearly prove that the tenant had deliberately acted against his will.
Default of payment
- According to Section 543 (1) BGB, termination without notice is generally possible if the tenant continues to pay late despite a prior warning.
- However, the court clearly emphasised that there must be a reasonable period between the warning and termination so that the tenant can correct their payment behaviour.
- A warning that is only issued shortly before the next payment date does not fulfil this requirement.
- In concrete terms, this means that if a warning letter is not issued until the end of December, for example, it is unrealistic to demand that the tenant change their payments immediately at the beginning of January. The tenant needs sufficient time, usually at least one payment cycle, to adjust their payments.
- For ordinary termination (Section 573 (2) no. 1 BGB), payment arrears must be significant and sustained. Individual or short-term delays are usually not sufficient, especially if the tenant's behaviour was previously tacitly accepted.
Further grounds for cancellation
Data protection violations or damage to property must be clearly documented and proven. Generalised accusations are not sufficient.
Practical consequences - tips for practice
For landlords
- Cancellations should be based on sound legal grounds and supported by clear evidence.
- In the event of late payment, a warning must be issued in good time and with a sufficient deadline. Clearly document when and how the warning was delivered.
- Pay attention to whether your previous behaviour may have signalled a tacit acceptance of the payment behaviour.
For tenants
- Check warnings carefully for their formal and substantive correctness and whether sufficient time has been granted to change the behaviour complained of.
- Document payment dates and clarify any ambiguities with the landlord at an early stage to avoid misunderstandings and cancellations.
Conclusion
The judgement by Paderborn District Court underlines the importance of thorough preparation and precise legal knowledge for landlords in the event of terminations due to criminal offences or late payment. At the same time, it gives tenants clear advice on how to protect their rights and avoid the threat of termination. A prudent approach on both sides helps to prevent unnecessary legal conflicts.
Source: Paderborn Regional Court
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 changes in the subject matter, liability and guarantees are excluded.Important Note: The content of this article has been prepared to the best of our knowledge. However, due to the complexity and constant changes in the legal field, we exclude liability and warranties.
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