{"id":10794,"date":"2024-11-30T11:06:21","date_gmt":"2024-11-30T11:06:21","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=10794"},"modified":"2025-07-13T14:02:13","modified_gmt":"2025-07-13T14:02:13","slug":"mietrecht-fristlose-kuendigung-bei-kautionsrueckstand-wichtige-entscheidung-des-ag-frankfurt-main","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/tenancy-law-termination-without-notice-in-case-of-deposit-arrears-important-decision-of-the-ag-frankfurt-main\/","title":{"rendered":"Tenancy law: Termination without notice in the event of deposit arrears - Important decision by the Frankfurt\/Main District Court"},"content":{"rendered":"

Local Court Frankfurt am Main, 25.04.2024, Ref.: 33067 C 42\/23<\/p>\n

In a judgement dated 25.04.2024 (Ref.: 33067 C 42\/23), the Frankfurt\/Main Local Court handed down a landmark ruling in tenancy law. It clarifies key questions regarding the termination of a tenancy without notice in the event of deposit arrears and the requirements for reminders.<\/p>\n

<\/span>Judgement content and key decisions<\/strong><\/span><\/h3>\n
    \n
  1. Default of payment for deposit arrears<\/strong>
    \nIf a rental deposit is to be paid in instalments and the first instalment is due at the beginning of the tenancy, the tenant is in default of payment without a reminder (Section 286 (2) no. 1 BGB). The landlord is not obliged to remind the tenant of the payment again.<\/li>\n
  2. Deposit not by SEPA direct debit<\/strong>
    \nIf the tenancy agreement stipulates that the deposit is to be transferred directly to a separate account of the landlord, the tenant cannot claim that the landlord should have collected the deposit payment by direct debit. The direct debit authorisation usually only applies to current rent payments.<\/li>\n
  3. Repeated payment arrears and right of cancellation<\/strong>
    \nThe court confirmed the cancellation without notice<\/a>, as the defendant was once again in arrears with rent payments at the time the notice of termination was issued. A grace period payment (Section 569 (3) no. 2 sentence 1 BGB), which makes cancellations retroactively ineffective, could no longer be asserted, as the defendant had already used this provision within the last two years.<\/li>\n<\/ol>\n

    <\/span>Effects on landlords and tenants<\/strong><\/span><\/h3>\n