Paderborn Local Court, 50b C 91/24, 24.10.2024
A recent case before Paderborn Local Court shows how high the requirements are for termination without notice under tenancy law - and why even serious conflicts do not always end the tenancy.
What happened? - The background to the case
At the centre of the case is a long-standing tenancy: the landlords wanted their tenant out of the flat after more than 20 years - without notice. This was triggered by a dispute in which the landlady claimed to have been physically assaulted by the tenant when she wanted to inspect structural damage. According to the landlady, this resulted in shock, haematomas and a visit to the doctor. In addition, the tenant had filed a lawsuit against the landlord for alleged lack of water pressure and use of the attic.
The landlords terminated the tenancy without notice, or alternatively with due notice. However, the tenant denied any assault - there had only been a scuffle over the adhesive tape, but no physical attack. There were no witnesses to the actual incident.
The judgement: No eviction, no claim for surrender
The Paderborn Local Court dismissed the case. The tenant is allowed to stay, the landlords bear the costs. The court clarified: Neither the extraordinary termination (without notice) nor the ordinary termination applies. The tenancy continues.
Why did the court decide this way? - The reasoning in plain language
The central problem: it could not be proven that the alleged assault had actually taken place. Both sides described the incident differently, there were no witnesses and even the medical certificate could not be traced back to the dispute with certainty - it was only drawn up five days after the alleged attack. The judge followed the strict burden of proof in tenancy law: it is not the possibility or probability that counts, but the conviction of the truth of an allegation. The court was not able to win this conviction.
The fact that the tenant had initiated other legal proceedings against the landlord in parallel was also not sufficient. The court made it clear: court proceedings, even if they are numerous, are generally not grounds for termination - as long as they are not obviously abusive or any communication between the parties has become impossible.
What does this mean for landlords and tenants? Practical tips from the judgement
For landlords:
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Take the burden of proof seriously: If you want to terminate a tenancy agreement without notice, you need solid evidence of the tenant's misconduct. Mere allegations are not enough in court - especially in the case of serious accusations such as assault. Document incidents in as much detail as possible. Witnesses or immediate reports can be decisive.
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Complaints are not grounds for cancellation: It may be strenuous for a tenant to assert their rights in court, but this is not automatically in breach of contract. Only extreme excesses and a complete refusal to communicate could constitute grounds for termination in exceptional cases.
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Be careful with medical certificates: Certificates that are only issued days later often do not convince courts - at least not if they do not clearly prove the connection with the alleged incident.
For tenants:
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Keep calm: Even if the relationship is strained, the law protects against arbitrary dismissals. Anyone who clearly and comprehensibly denies allegations has a good chance in court.
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Even complaining is allowed: Anyone claiming defects or rights need not fear that this alone will lead to cancellation. What counts here is how you behave overall.
For both sides:
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Communication instead of confrontation: If every problem immediately turns into a court case, the relationship suffers and at some point your own nerves may also suffer - but that alone is usually not enough for a dismissal.
Conclusion
The judgement of Paderborn Local Court is a good example of how closely courts look when it comes to the existence of tenancies. Even if the personal relationship between tenant and landlord has broken down and there are serious allegations, the threshold for termination without notice remains high. The decisive factor is provability - and this was not the case here.
If you are a landlord or tenant in a tense relationship, you should be aware of this: In the end, what counts is what can be proven - and not what you think you have experienced.
Source: District Court Paderborn
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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