Fight for tenancy law: Court stops termination in Berlin without notice!

Fight for tenancy law: Court stops termination in Berlin without notice!

On December 4, 2024, the District Court Berlin II decided to dismiss a landlord's evacuation action against her tenant, an association. The landlord had pronounced the termination of the rental agreement without notice, which runs until 2037, in June 2023 and, as reasons, cited an alleged risk of collapse of the building as well as violations of public law regulations. However, the court found that the landlord had not set any deadline for the tenant to remove possible defects, which made the termination ineffective. This decision makes it clear that landlords who strive for termination for important reasons must comply with the legal requirements, as provided for in the contractual regulations, reports Anwalt.de emphasized.

It is particularly important that the landlord may not only report the poor condition of the building, but also has to prove that he is prevented from the economic use of the apartment by the existing tenancy. Only unpleasant restrictions are not sufficient; Significant changes that require core renovation are necessary. Terminations that only aim at beauty or higher value are legally not durable.