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Terminating a rental agreement in Hamburg
Conditions explained for tenants and landlords
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In certain situations, it may become necessary for both tenants and landlords to terminate an existing rental agreement. The reasons for this can vary: not only changing life circumstances or financial reasons but also social differences can lead to the decision to terminate the contract. In such cases, different conditions must be met by both parties for a termination to be legally effective. Are you a landlord of a property in a sought-after Hamburg district like HafenCity and want to learn more about contract termination? Or do you want to understand more about your tenants' legal avenues for termination? In this article, Engel & Völkers Hamburg real estate agents provide a concise overview of the key issues and outline the conditions that need to be met for a successful termination.
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With tenant termination of a rental agreement, the notice period is primarily crucial
A tenant in HafenCity or any other part of Hamburg has the right to terminate their rental agreement at any time without providing a reason. Unless a shorter period is agreed upon in the contract, a 3-month notice period usually applies. In some cases, tenants may be granted a special right of termination, which shortens or even waives the statutory notice period. For example, after a rent increase or when major renovation or modernization work is announced, termination can take effect as early as the end of the second following month. If there are risks to life and health, such as mold formation or faulty gas lines, the statutory notice period for tenants is completely waived. To achieve a timely termination, the landlord must receive the written, signed notice of termination by the third working day of the first notice period month at the latest.
Tip from Engel & Völkers Hamburg real estate agents: Landlords can also agree on a minimum rental period of up to four years in the contract to provide some financial planning security. If the tenant decides to move out before the notice period expires, all agreed payment obligations must still be met until the termination becomes effective.
Do you have further questions about tenant termination or your options as a landlord in HafenCity? The real estate agents at Engel & Völkers Hamburg are happy to offer a free and non-binding consultation!
Termination of a rental contract for landlords in Hamburg is subject to special conditions
For landlords, terminating an existing rental contract is not easily feasible due to tenant protection laws. To actively end an ongoing tenancy as the owner of a property in HafenCity, you must show legitimate interest as per §573 BGB. Such interest may include the need for you or close family members to occupy the apartment or house in Hamburg, commonly known as an "owner move-in termination" (Eigenbedarfskündigung). Additionally, if the tenancy restricts the economic use of the property, or if the tenant significantly fails to fulfill their contractual obligations, these can be valid reasons for landlord termination. Financial motivations, such as re-leasing at a higher rent, are explicitly excluded as grounds for termination by the law.
When timing a justified landlord termination, our real estate agents advise considering the extended notice periods. Tenants who have lived in the property in HafenCity for up to 5 years are entitled to a legal notice period of three months. This increases to 6 months for tenants of 5 to 8 years and to 9 months for those beyond 8 years. Immediate termination is only possible in severe cases of contractual breaches or disturbance of peace. If you do not receive rent payments for two consecutive months, this may also justify immediate termination.
To ensure that you remain legally secure as a landlord of an apartment in HafenCity and can rely on comfortable administration, the real estate team at Engel & Völkers Hamburg is here to support you. You can reach us by phone or via our online contact form to begin solidifying your rental plans in Hamburg together.
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