Cancellation without notice during unpunctual renting payment

Rechtsanwaltsofort.de (openPR) - current judgement of the BGH makes early acting for landlords possible

Stuttgart, 21 February 2007. With judgement of 11.01.2006 the Federal High Court, Karlsruhe, which extends right to give notice of the landlord, has: If a tenant settled the renting payment unpunctually and the landlord him for this reason warned, then a unique overdue payment is already sufficient after the warning, in order to quit the lease without notice.

Granted after the past iurisdiction the landlord with repeats unpunctual renting payment and effected warning a right for cancellation without notice. However the conditions for the right to give notice were so far not clearly clarified. It was necessary and is that the tenant with the renting payment comes not only occasionally into arrears, but lastingly. „From a lastingly unpunctual renting payment is to be proceeded, if the tenant exceeds at least six dates of payment within a yearly. Besides must further circumstances in addition-step, which impair the rights and interests of the landlord so heavily that the continuation of the lease cannot be zugemutet to him any longer “, explains the Stuttgart woman barrister Simone Scholz. „This is for example the case if the landlord is dependent on the punctual renting entrance because of current liabilities. “

Before the notice the landlord must warn the tenant. The landlord is recommended to indicate in the warning letter concretely when which payments were received late. Furthermore the menace of the cancellation without notice for the instance of repetition should be contained. The tenant is to be warned in this way of the consequences of further unpunctual renting payment.

After the past iurisdiction was unsettled, as many renewed unpunctual payments had to take place after the warning, so that the landlord can quit the lease in the long run without notice. Partly it was considered necessary that the tenant had to come to the warning in the process of a yearly of at least three further marks into delay. This uncertainty is eliminated due to the BGH decision: Afterwards the landlord can quit the lease without notice already if the renting payment is overdue after the warning also only once. Like the BGH justified opportunity was already given to the tenant with the warning to change its behavior and thus the chance for the continuation of the contractual relation granted to it; this must be sufficient.

Press contact
Birgit ruffle. jd&p communication agency.
Tel: (06131) 90622-44. E-Mail: krause@jd-p.de. www.jd-p.de

Source
Woman barrister Simone Scholz. Firnhaberstrasse ä. 70174 Stuttgart

Over Rechtsanwaltsofort.de
After the study of the jurisprudence at the Johannes good mountain university Mainz Simone Scholz is active since the year 1998 certified woman barrister and for the Kanzlei Kosmidis, Pantzer, Gudnason in Stuttgart. To their activity emphasis belong the real estate, renting and industrial law. With its Internet portal www.rechtsanwaltsofort.de makes the Juristin possible competent legal advice without large expenditure of time: by E-Mail (scholz@rechtsanwaltsofort.de) or telephone (0900/5869292) the Rechtsexpertin gives right information immediately to a fixed overall fee. Simone Scholz attaches great importance with its daily work to a comprehensive consultation and an understandable explanation of the legal situation. As a woman barrister it is certified, entitled to act as substitute at all district courts, regional courts, higher regional courts and labor courts of Germany at the regional court and higher regional court Stuttgart as well as member of the bar Stuttgart.

Further information under www.rechtsanwaltsofort.de

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