The objective of both laws is to protect tenants in financial difficulty due to the COVID 19 pandemic, by not advising landlords to terminate the lease due to non-payment of rent during the decisive period. The tenant must pay the deferred rent, including all additional payments (for example. B interest) before the end of this year, otherwise the lessor is allowed to terminate the lease. However, these redundancy restrictions apply only under certain conditions. Landlords and tenants can be expected to come together primarily in the context of this legal uncertainty. It should be remembered that the text of the law should serve as a reference and conclude individual agreements on deferral, partial payments, late interest, etc. It is precisely in cases where it is not clear that the COVID 19 pandemic is the cause of the default that such an amicable solution is desirable. It should be noted that agreements between the landlord and the tenant must comply with written formulas as long as this is necessary in the tenancy agreement. Section 2 Limitation of termination of leases and leases Thus, the law allows tenants to withhold rent without the owners having the right to terminate the tenancy agreement. Rent arrears from April 1, 2020 to June 30, 2020 are not a good reason for termination without notice (s. 543 BGB) and do not justify a legitimate interest in termination of indeterminate leases (Article 573 of the BGB).
The termination of a rental agreement only because of such rent arrears is therefore excluded. The same applies to the exceptional termination of a lease on land or land that is not housing. The above laws will allow residential tenants to defer payment of rent due for less than five months and allow professional tenants to defer payment of rent due for less than four months, in both cases until the end of this year, without any reason being given to the lessor to terminate the lease. If a tenant breaks a tenancy agreement without legal protection, the landlord can sue the tenant for damages.