Relevant times in the event of a self-employment termination
There are various legally relevant dates for a self-employment termination.
- The first is the moment when the termination is pronounced. For it to be effective, own use and self-use intent must be present at this moment. If this is not the case, the termination is unfounded, otherwise it is justified.
- The next time is the last day of the month two months before the expiration of the notice period. Up to this point, the tenant must have presented any hardness assets, otherwise they are not taken into account - even if they are present.
- Then the day on which the notice period expires. Here, the tenant (actually) must return the apartment vacated to the landlord. If he does not do so, he owes the next day's loss of use in the usual market amount.
- Finally, the day on which the tenant actually returns the apartment. If the parties violently deal with each other, this can sometimes be months or years after the deadline.
Elimination of the reason during the notice period
Termination is justified if at the moment in which it is declared, the own need exists. Of course, there will be some time left until the notice period expires - at least 3, depending on the contract, up to 12 months later. If there is no additional consumption during this time, we will have an effective termination, but no longer needed at home. The tenant must move out, the landlord could immediately re-let. That does not feel right.
LG Berlin 67 S 9 / 18
Accordingly, it is settled case-law that this situation is over Good faith to correct: although it is accepted that the termination terminates the contract by the end of the period. The landlord may not rely on it, however, if he de facto no longer has his own needs at deadline.
So it decided the LG Berlin currently again to file number. The apartment belonged to a foreign stunt woman who moved to Berlin and wanted to work here and wanted to develop her career. She quit because of her own needs. Shortly thereafter, she had an accident that prevented her planning for an indefinite period. The tenant objected that he could stay there, that she did not need the flat.
The LG Berlin gave the tenant right. The landlord acts abusive right if he pursues the eviction based on an own use termination eviction notice, although at the time of the notice of termination still sufficiently condensed Eigennutzungswunsch at the moment the expiration of the notice period is no longer based on the concrete intention to immediate implementation. Such a continued intention was lacking after the plaintiff's further private and professional future had become uncertain for an indefinite period, well beyond the expiration of the notice period, due to her accident and the related physical and psychological consequences.
The tenant could therefore demand in good faith the continuation of the lease.
Elimination of the reason after expiry of the notice period
If the accident had occurred only after the expiry of the period of notice, the tenant could no longer rely on good faith. Because then he would have to return the apartment to the deadline. If he does not do that, he does not behave himself rightfully. Then he can not benefit from it.
Developments after the notice period are therefore not relevant. If the own needs of the landlord is then eliminated, he can continue the eviction process and then rent the apartment seamlessly without him being reproached.
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