Pach & Pach lawyers inform from Nuremberg under captive termination has the largest share of the termination of tenancies. Based on the, in paragraph 573 ABS 2. sentence defined, right to terminate of the lessor, a perpetual tenancy, unless he needs the premises in question for himself, members of his family or members of the household as a living room. Pach & Pach in Nuremberg law firm discusses the conditions of termination of such consumption starting from their many years of experience and professional expertise in the law of tenancy. Mietrechtlich equity demand termination of an apartment is allowed if the landlord, his close family relatives or members of the household, E.g. nurses, the concerned areas to own apartment using require. Particular attention is already at this point on the narrowing of those who entitle the landlord to discipline, including termination of subsistence. For more information see this site: WHO Report. Only those are basically Considered members, which the landlord maintains close family ties.
These are his grandchildren, parents, children or siblings. More distant relatives are considered only occasionally grounded by German courts their own needs. As a second key criterion, the consumption is only then to assert that if the landlord can demonstrate reasonable and comprehensible reasons for him. The simple desire to take advantage of your own four walls, is dismissed as insufficient reason. A relevant argument for the existence of own needs would be, for example, to see that the landlord intends to use his apartment in the age as a retirement home.
Comprehensible, the landlord must justify the circumstances of its own needs in the written notice of termination. The question of importance, who should live in the promised apartment. Is still relevant, which concrete interest of to residents connects it to live in the affected premises. The admissibility of the captive termination depends on further depends, remains that of consumption at the time of termination is really and termination throughout the process, including all legal disputes related to him, continue to exist.