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4. Extraordinary Termination – When Tenants or Landlords Can End the Lease Immediately

Extraordinary Termination – When Tenants or Landlords Can End the Lease Immediately

What Is an Extraordinary Termination?

An extraordinary termination (also known as immediate termination) is a special legal option that allows either party — tenant or landlord — to end the lease without notice when serious reasons make continuation of the tenancy unreasonable (§ 543 BGB).

Unlike ordinary termination, there is no notice period. The tenancy ends immediately once the written notice is received. However, a significant breach of duty must exist, and usually a prior warning (Abmahnung) is required before taking this step.

Landlord’s Perspective – Legal Grounds for Immediate Termination

A landlord can terminate the lease without notice if the tenant seriously violates contractual obligations. Common grounds include:

• Rent arrears (§ 543(2) No. 3 BGB):
  If the tenant falls behind on two consecutive rent payments or a significant portion thereof, the landlord may terminate immediately. A justified rent reduction does not count as default.
• Improper use of the property (§ 543(2) No. 2 BGB):
  For example, unauthorized subletting, commercial use of a residential unit, or serious property damage caused by negligence.
• Disturbance of domestic peace:
  Repeated severe noise, threats, or vandalism can also justify termination.

Usually, the landlord must issue a written warning first, allowing the tenant a chance to correct the behavior. Only in severe or repeated cases is immediate termination legally valid.

Tenant’s Perspective – When Tenants May Terminate Immediately

Tenants also have the right to terminate the lease without notice if the landlord grossly breaches contractual duties. Typical examples include:

• Failure to provide or denial of use (§ 543(2) No. 1 BGB):
  If the landlord fails to hand over the apartment, refuses access (e.g., by withholding keys), or delivers it in a non-contractual condition despite promises made in the lease.
• Health hazards (§ 543(1) BGB):
  If the apartment poses an immediate threat to health, such as toxic mold or defective wiring, and the tenant is not responsible for the issue.
• Refusal to carry out necessary repairs:
  If the landlord ignores repair requests and the apartment becomes uninhabitable or unsafe to live in.

Requirement of Warning and Formalities

In most cases, a written warning (Abmahnung) must be issued before an extraordinary termination to give the other party a chance to comply. Only in exceptional situations — such as violence, serious threats, or immediate health danger — can the lease be terminated without prior notice.

The termination must be made in writing, clearly stating the reason. Verbal or informal termination (e.g., via email) is invalid. The termination becomes effective once it is received by the other party.

Legal Consequences of Immediate Termination

Once the termination is effective, the affected party must vacate the apartment immediately. If they refuse, the other side can initiate a legal eviction procedure.

Tenants are no longer required to pay rent from that point onward, but the landlord may claim compensation for damages if the tenant caused the termination through their own fault. Conversely, if the landlord is at fault, the tenant may demand compensation for resulting losses.

Conclusion – Use Immediate Termination with Caution

Extraordinary termination is a last resort and should only be used in cases of severe misconduct or intolerable conditions. Both parties should document evidence, record all correspondence, and seek legal advice before proceeding.

Proper preparation helps prevent unnecessary disputes and ensures that the termination will hold up in court.