Protection against dismissal
This section in the code of obligations regulates the protection against dismissal both for tenants and landlords, roomtake rather deepens the perspective of the tenants. Termination must be justified upon request and may be challenged if it is in breach of good faith. Further reasons for a challenge of termination by the landlord are among others:
- a unilateral contract amendment or rent adjustment at the tenant's expense
- if this should cause the tenant to purchase the rented accommodation
- during proceedings before the arbitration authority or the court, unless the proceedings have been opened arbitrarily by the tenant
The termination of a landlord cannot be contested in the following cases:
- in case of urgent personal needs of the landlord for himself, close relatives or in-laws
- in the event of payment arrears or bankruptcy of the lessee
- on sale of the property
If the termination of the lease would result in hardship for the tenant, the tenant may demand an extension of the lease. The competent authority considers various factors of the existing tenancy in order to be able to assess whether a tenant extension can be granted. This is excluded if the lessee is in arrears of payment or in bankruptcy and has breached his duty of loyalty or care. If the landlord offers an equivalent living space as a replacement, an extension is also not possible.
Termination must be contested within 30 days of receipt for open-ended contracts and at the latest 60 days before expiry of the contract period for fixed-term tenancies. In the case of subletting, this can only be achieved for the duration of the main tenancy.