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    Termination

    posted by  Frank (confidential) in Germany forum 

    My understanding from your somewhat unclear post is that you are a property owner,the property is rented out to a tenant and you engaged a property management company with taking care of it, incl. collecting the rent.
    If so, the following applies:

    • Does landlord have strong position now to terminate contract before its date?
    No (unless there is proven fraud or other situations that allopw a no-notice termination, which I cannot see in your case).

    • Should landlord ask tenant to pay rent directly to him now to avoid any more unexplained deductions from manager?
    You can do that, unless the management contract specifies differently.

    • How can landlord terminate the Power of Attorney given to his manager?
    As far as I know, it can be withdrawn by written notice at any time. But please confiorm this with a lawyer (and prefereably let him write the withdrawal notice, too).

    • What is the format of Notice of Termination that should be send to manager. Should the above issues be written in the Notice?
    A regular termination at the end of the contract period does not need to state the reasons, but it is better to have it written by a lawyer, too.

    • Will the manager still be responsible to refund to the landlord any invalidated deduction he made?
    You can claim any incorrect deductions back from them. Again, it is advisable to engage a lawyer for this.

    The situation could be very different if you are not the owner, or you did not directly engage the management company (e.g. it is an appartment in a building with WEG, and the WEG engaged the management company).

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