Mietgefährdung

Mietgefährdung refers to a legal concept in German tenancy law that describes a situation where a tenant's conduct poses a significant threat to the rented property or the landlord's legitimate interests. This can include actions such as causing substantial damage to the property, failing to pay rent over an extended period, or persistently disturbing the peace of other residents. The severity of the tenant's actions is crucial; minor infractions generally do not constitute Mietgefährdung.

If a landlord believes Mietgefährdung exists, they may be able to terminate the tenancy agreement, even without prior warning in cases of severe misconduct. However, the landlord typically must first issue a formal warning (Abmahnung) to the tenant, outlining the problematic behavior and requesting it to cease. If the tenant fails to rectify the situation after the warning, the landlord can then proceed with termination.

The tenant has the right to contest the termination, and the matter may be brought before a court. The court will then assess whether the tenant's actions indeed constitute Mietgefährdung and whether the termination is legally justified. This legal protection ensures that tenants are not unfairly evicted and that landlords have recourse against serious breaches of their tenancy agreements. The specific circumstances and evidence presented by both parties are critical in determining the outcome of such cases.