Renting out apartments is a matter of trust. Landlords sometimes experience unpleasant surprises. But even in cases of serious neglect, termination is not always possible.
This is original content from the Capital brand. This article will be available for ten days on stern.de. After that, you will find it exclusively on capital.de. Capital, like the star to RTL Germany.
They are every landlord’s nightmare: tenants who let their apartment fall into disrepair. The spectrum ranges from mountains of rubbish to actual property damage and health risks due to mould or insect infestation to damage to the building structure.
In such cases, most landlords want to terminate the tenancy quickly without notice or get the tenants out of the apartment by filing an eviction notice. But in reality, this is not so easy to implement, says Alexander Bredereck, a specialist lawyer for tenancy and property law. “The options for termination for landlords are limited by law and simply neglecting the apartment is not enough here.”
In concrete terms, this means that if a tenant only hoards piles of paper or other objects in the apartment, clutters the rooms or lives in mountains of harmless garbage, the landlord cannot terminate the tenancy. This is because the tenant has the right to use the apartment as he or she needs.
Damage must be proven to Messi tenants
To a certain extent, the landlord must allow a hoarder tenant to do as he pleases. The limit is reached when the building is demonstrably damaged. “The tenant must not damage the structure of the apartment. This limit is often exceeded, especially if the lifestyle leads to vermin infestation or to the ceiling being overloaded,” says specialist lawyer Bredereck. This can also be the case with illegal renovation work if it endangers the structural integrity of the building.
All of the scenarios mentioned can justify termination of the tenancy by the tenant – however, the burden of proof lies with the landlord, as Bredereck emphasizes: “The landlord must be able to fully explain and prove the reason for termination.” Expert reports are therefore always helpful. “But witness statements can also be sufficient,” says the lawyer.
Strong odors – such as constant cigarette smoke in the stairwell or rotting food – can also be a legitimate reason for termination, especially if other parties in the building complain about it. “However, a prior warning is often required here,” says Bredereck. This is also the case if the tenant’s incorrect heating and ventilation behavior causes mold that is hazardous to health, or if he or she causes significant moisture damage through negligence, does not remedy this and conceals it from the landlord.
Landlord’s right of access
If there are concrete indications of borderline neglect of the apartment, the landlord has the right to inspect the premises. “This applies, for example, if there is a strong smell coming from the apartment or if vermin are visible in the hallway,” says Bredereck. However, the landlord must notify the tenant in good time about an apartment inspection. Unless it is an acute emergency, this must be done at least two to three days in advance.
Sometimes it can be useful for landlords to take a witness with them to the apartment viewing. This witness should then make written notes on the results of the viewing. The tenant may only refuse access under certain conditions. “Employees of the property management must be allowed in. If there is suspicion of specific threats of damage, the tenant may also be obliged to let tradesmen or an expert into the apartment,” says Bredereck.
It is best to act early, otherwise it will take years
However, termination is often not easy, even if the apartment is demonstrably in borderline condition – especially if it affects a vulnerable target group, such as physically or mentally handicapped people. “Especially with sick tenants, termination can still be difficult, especially if they have only limited culpability and are unable to recognize the wrongfulness of their actions,” says Bredereck.
Even if it does not always have to come to the worst and terminating the tenancy is only a last resort, Bredereck advises landlords to act early and seek professional help: “In practice, landlords often wait too long. However, such situations do not usually improve by simply waiting.” The opposite is often the case.
Experience has shown that landlords often have to be prepared for a longer time frame in order to successfully enforce a tenant’s termination due to neglect of the apartment. “As a rule, the landlord must first terminate the tenancy, then win an eviction suit and then carry out the enforcement,” reports Bredereck from his own professional experience. Depending on how intensively the tenant defends himself and how obvious the neglect situation is, this can take years.
Source: Stern
