rental-property germany rent
What happens if one of the rules in an agreement is violated and there is nothing in that agreement what to do in such a case?
<p>From a purely law perspective,</p>
<p>If one of the rules in a rental agreement is violated and the agreement doesn't specify what happens in such a case, legally speaking, what is the landlord allowed to do?</p>
<p>Just to give you an example, let's say, in the contract the tenant was supposed to pay the rent on the 1st of each month, the s/he paid (the transaction) it on the 2nd, and there is nothing on the agreement that says what to do in such a case. What can the landlord do?</p>

<p>The rental contract does not have to cover all eventualities, because it is embedded into a larger legal context. In particular, contracts are governed by the BGB. There is also an incredible wealth of precedent for rental matters.</p>
<p>A temporary failure to fulfil the contract does not invalidate the contract. Instead, the other party can insist of fulfilment. When the tenant doesn't pay their rent, the landlord can send a Mahnung (~ dunning letter) with a reasonable deadline. Nevertheless, the contract can be terminated by either party only through normal cancellation incl the agreed notice periods, or can be terminated for cause because continuing the contract can no longer be reasonably expected. §543 BGB lists which causes are sufficient for termination, for example missing the due date for rent on two consecutive months to a significant amount.</p>
