The lawsuit was brought by a landlord who had inherited four land leases from his mother. In the contracts with the tenant, the possibility of subleasing or handing over to a successor to the farm was expressly excluded.
In September 2021, the landlord received a letter from the estate administration. It said that the previous tenant was to be replaced by a new one, namely the estate management. The plaintiff did not agree and did not respond to another letter from the estate management in which they asked him to agree to the change of tenant. The landlord later found out that the estate administration had already taken possession of some of the land.
He then issued a warning to his tenant, asking him to immediately take the affected leased areas back into his own management. She immediately replied that she had complied with the request. But that wasn’t true: the tenant continued to sublease various areas.
Therefore, the plaintiff terminated the tenant without notice and sued her before the district court – Stendal Agricultural Court for the return of all leased land. With success: The district court confirmed that the lease agreements had been effectively terminated without notice, that the tenant no longer had ownership rights to the land and had to hand it over with immediate effect.
2024-03-09 07:24:37
#Subletting #leased #space #lessor #terminate #contract
