The Federal Court in this case a decision to support the requirements for immediate termination made about late payment of an apartment tenant in a case where the delay in payment was accrued over several years with varying monthly amounts.
The lender has the defendants, their tenants, made to a vacation apartment in Leipzig in stock, acc. § 546 I BGB. The tenants had paid most of 2004 from March through October 2007, only one impaired rent. After the landlord, who did not accept the reductions in the amount claimed, had asked in March 2007 to pay a rent arrears of € 5,023.80, she announced the lease by letter of 21.05.2007 due to delayed payments without notice, acc. § 543 I, II No 3 b) BGB. Here, she listed for the period May 2004 to April 2007, the existing in their view, residues in relation to the basic rent and the advance payments on each monthly basis, calculated for the base rent an overall deficit of € 5,303.27 and the advance payments of € 2,038.80 and gave this as the termination without notice leading cause.
The AG Leipzig has the right to terminate, acc. § 543 I, II, No. 3 b) Civil Code for breach of that obligation of § 569 IV BGB held to be invalid and dismissed the eviction action brought by the landlord. According to § 569 BGB IV is the major reason leading to termination in the Termination notice shall specify the information to ensure the landlord, are not sufficient in this case. Leipzig is in contrast to the court reached the conclusion that the lease of the dismissal 21st May was, he was terminated in 2007, and has condemned the tenant to eviction.
directed against the revision of the tenants had no success. The Eighth Civil Division of the Supreme Court has held that the dismissal is of 21.05.2007 the justification requirements of § 569 IV BGB fair and therefore not ineffective. Purpose of the provision is to allow the tenant's knowledge, on which operations or conduct of the landlord that the dismissal is based and whether or how to defend themselves. From this end, the Supreme Court for simple situations has previously held that it is sufficient if the landlord gives the default of payment as grounds for dismissal and estimated the total amount of arrears of rent.
This law has now developed the Federal Court for further situations in which the landlord, as in the case decided, the termination is based on previous residues. In such cases it is sufficient for the formal validity of the termination, the tenant can be seen from the grounds of the termination letter, which comes from rent arrears, the landlord, to verify independently using this information, the termination of their validity can. These requirements are satisfied in the case decided dismissal of 21.05.2007 justice.
Conclusion: A landlord do if he wants to terminate the tenant for late payment, make sure that the residue giving rise to the termination set out transparent. The tenant must be able to check the present decision of the Supreme Court, the reason for dismissal. However, a tenant who receives a dismissal due to rent arrears should examine whether the notice meets the requirements of § 569 IV BGB. Otherwise, they are ineffective with the result that the lease is not terminated.
Supreme Court ruling of 12th May 2010 - VIII ZR 96/09 Bundesgerichtshof
- Communication from the press office 102/2010
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