On The Time Of Requirements For A Termination Due To Arrears

Keywords: landlord, tenant, rent, Civil Code, tenancy termination,

Flensburg Regional Court, decision of March 28, 2014 – 1 T 8/14

If the tenant is in arrears with the rent, the landlord is entitled – taking into account the legal provisions of Section 543 para 2 no. 3 Civil Code – to an extraordinary termination of the tenancy. However, in this context the question as to whether such a right to termination is present (or endures) if the tenant makes part payments, thus subsequently reducing the existing arrears of rent after the landlord has given notice, is not unambiguously regulated. The Flensburg Regional Court in its decision of March 28, 2014 has now taken up this question.