Termination Protection Check for Tenants in Germany
What to check before signing?
Before you sign a cooperative contract, tenants in Germany should check the following points carefully: who the contracting parties are, whether collective termination rules apply, whether termination periods contradict § 573 BGB and which proof obligations exist for contributions or support payments[1].
- Who is a contractual member and who is liable for subsequent claims?
- What are the specified regular termination periods?
- Are there special termination reasons or blocking periods?
Relevant laws and deadlines
The provisions of the Bürgerliches Gesetzbuch (BGB) are decisive for tenants, in particular the general provisions on the rental relationship and ordinary termination; procedural rules of the ZPO also apply for lawsuits before the local court[1][2]. Inform yourself early about applicable deadlines because missing deadlines can forfeit rights.
Forms and evidence
Important forms include notices of termination, a written response to the cooperative and, if necessary, a complaint for a termination protection suit at the local court. Use templates as a draft and always include date, method of receipt and copies in every letter. Example: if you receive a termination, send a written reply and keep photos of the apartment condition; name witnesses and note dates.
Practical tips for emergencies
- Document defects and communications immediately with dates and copies.
- Check the form and receipt of the termination (e.g. registered mail) as well as deadlines.
- Collect proof of payment and cooperative contributions.
- Seek legal advice before filing an objection or lawsuit.
FAQ
- Who has special termination protection in cooperatives?
- Members of a housing cooperative often have special protection if the articles contain termination rules; basic rights come from the BGB and judicial interpretation.
- Which deadlines are important?
- Important are the contractually stated deadlines and the statutory termination periods; for lawsuits the deadlines of the ZPO apply, especially for service and objection periods.
- Which forms do I need?
- Practically relevant are a formal response to the termination and, if necessary, a complaint at the local court; template forms simplify filing.
How-To
- Read the contract in full and mark termination clauses and deadlines.
- Document the apartment condition with photos and witnesses.
- Create a written response to the termination and send it with proof of delivery.
- If necessary, file a termination protection suit at the competent local court and attach evidence.
