Termination of an Apartment Rental Agreement

Most apartment rental agreements come to an end. If the agreement has not expired on its own, it is important to sign a termination agreement, primarily for the tax authority, so that it does not claim the prescribed tax from the owner, but also for your own security. We are at your disposal for this procedure, and the service is included in our agency commission at no additional charge.

Obligations of the Landlord and the Tenant

Concluding a rental agreement creates obligations for both the landlord and the tenant. The landlord's first obligation is to hand over the property to the tenant, i.e. to transfer possession of the property that is the subject of the rental agreement. The landlord is obliged to maintain the property in a condition suitable for the agreed use and to refrain from making any changes to it, as the tenant is entitled to quiet possession. The tenant's obligations include using the property in an appropriate manner, bearing the costs of use and of minor repairs, and furthermore paying the rent and returning the property when the agreement expires.

Termination of a Rental Agreement

One of the landlord's obligations is to keep the rented property in a condition suitable for the agreed use. If, during the rental period, the property falls into a condition in which it is no longer suitable for the agreed use through no fault of the tenant, the tenant may seek termination of the rental agreement if the landlord does not make the property fit for use within a reasonable time. Likewise, if after concluding the agreement the tenant discovers a material defect in the property and asks the landlord to remedy it, and the landlord fails to do so, the tenant may demand termination of the rental agreement. If a third party appears who claims to have a right to the rented property and it is established that this right entirely excludes the tenant's right of use, the agreement is terminated by operation of law, and the tenant is entitled to compensation for damages. If the rented property is partially destroyed by force majeure or by an event for which neither party is responsible, the tenant may seek termination of the rental agreement or demand a reduction in rent. On the other hand, if the tenant continues to use the property contrary to the rental agreement even after a warning from the landlord, the landlord may terminate the agreement without observing the notice period. Likewise, the landlord may terminate the rental agreement without observing the notice period if the tenant has failed to pay the rent, or a significant part of it, twice in a row.

Mutual Termination of a Rental Agreement

In any case, the parties may terminate a rental agreement by mutual consent before the agreed term expires. The parties need to draw up a written document stating that, as landlord and tenant, they are mutually terminating the previously concluded rental agreement. The landlord should inspect the rented property, establish that it is undamaged and take it over in that condition. The tenant should settle all rent and other costs they are obliged to bear before returning the property to the landlord. They then jointly confirm that they have no claims against each other. In case of any disagreement, it is always best to entrust the termination procedure to a lawyer, who as a professional guarantees that the procedure will be carried out properly.