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Termination due to rent arrears must be proportionate

2020-05-12T11:45:17.848Z

Tenants have to pay their rent regularly, otherwise they may face termination. However, a landlord must also maintain proportionality when terminating the contract.



Tenants have to pay their rent regularly, otherwise they may face termination. However, a landlord must also maintain proportionality when terminating the contract.

Rheine (dpa / tmn) - A delay in payment can result in the termination of the rental contract. However, it is usually possible to avert a cancellation if the arrears are immediately and completely compensated. If the tenancy previously existed for many years without complaints, an eviction suit is unsuccessful, the district court Rheine decided (file number: 10 C 234/18).

In the negotiated case, a tenant had not paid the rent for two months. The landlord terminated the lease without notice and, alternatively, properly. The tenancy previously existed for 14 years without any complaints. After receiving the notice of termination, the tenant immediately settled the arrears. Subsequently, he also paid the monthly rents on time again in advance. The landlord did not want to withdraw his ordinary termination.

The action for eviction was unsuccessful: The landlord had no right to surrender the apartment. Rather, he is behaving in an unfaithful manner, since despite the payment of the rent arrears he remains committed to the termination. It should be noted that the tenant has paid his rent on time since the lease was established. For this reason, the first-time misconduct by the tenant does not justify termination.

Judgment by the district court of Rheine

Source: merkur

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