When can a tenancy agreement be terminated with immediate effect?

When renting a flat or house, you can in principle decide to terminate the agreement at any time. Usually, however, both parties are bound by a notice period clearly set out in the document. There are, however, situations in which a tenancy can be terminated with immediate effect. When is this possible? That is the subject of today's article.

When renting a flat or house, the tenant and the landlord sign an agreement for a fixed or an indefinite term. In either case, both parties can terminate the agreement. An agreement for an indefinite term can be terminated at any time with 3 months' notice, unless the agreement provides otherwise. With a fixed-term agreement, on the other hand, the document can be terminated only if a notice period has been clearly specified. If there is no such provision, you have to wait until the agreement ends.

In both cases, however, the agreement can be terminated with immediate effect. When is this possible?

Terminating a tenancy agreement with immediate effect

Termination with immediate effect allows the agreement to be ended practically overnight, regardless of whether it contained a notice period clause. This option exists, however, only in specific cases.

One of them is when the tenant discovers defects in the rented property that they were not told about beforehand and that make it impossible to use the premises properly. Termination with immediate effect may also take place when the landlord was informed of defects in the flat but took no steps to remedy the situation. If, on the other hand, the defects discovered by the tenant cannot be remedied, the tenant may likewise terminate the agreement with immediate effect. The situation is similar in the case of defects that endanger the life or health of the tenant and other members of the household, even if the tenant knew about the defects when the agreement was concluded.

What counts as a defect that entitles the tenant to terminate with immediate effect?

One example might be a gas explosion in the building, after which the building was declared unfit for further use. As for any other failures of the wiring, plumbing or heating, the owner of the flat is obliged to repair them. Only if they fail to do so does the tenant have the right to terminate the agreement.

It is also worth remembering that the defects that allow a tenancy agreement to be terminated with immediate effect must be truly serious, and not merely restrict the use of the flat.

If defects arise that entitle the tenant to terminate the tenancy agreement with immediate effect, the burden of proof lies with the tenant. Otherwise the owner may reject our claims and continue to charge rent.