Can a severely disabled tenant be terminated?

Posted on by Perla Mueller


Can a severely disabled tenant be terminated? Yes, a severely disabled tenant can be terminated from the apartment without any problems. The only exceptions are special agreements in the rental contract or the tenant makes use of the social hardship case.

Is it possible to terminate the apartment of a severely disabled person? Can a severely disabled person be given notice to vacate their apartment? Yes, a severely disabled tenant can be given notice to vacate the apartment without any problems. The only exceptions are special agreements in the rental contract or the tenant makes use of the social hardship case.

Can the tenant be terminated without notice? The tenant can be terminated by the landlord without notice if he does not pay his rent. This is possible in the case of arrears of two months' rent (or in the case of arrears of more than one month's rent within two consecutive months). In this case, the monthly rent also includes the agreed advance payments for operating costs.

Can the employer terminate a severely disabled person or person with equal rights?

§ Section 168 of the German Social Code IX (SGB IX) requires employers to give notice of termination to severely disabled persons or persons of equal status only with the prior (!) consent of the Integration Office. If the employer wishes to terminate the employment of a severely disabled person or person with equal rights, he must therefore contact the Integration Office in advance.

Can the tenant terminate the lease without notice for good cause?

The tenant may terminate the lease without notice for good cause pursuant to Section 543 (1) of the German Civil Code (BGB).

What are special protection against dismissal and unemployment benefits?

Special protection against dismissal and unemployment benefits. The special protection against dismissal only protects employees, but not employers against dismissals of the employee. Employees who do not wish to make use of this protection can therefore give notice themselves without restriction or conclude termination agreements (with rare exceptions, e.g.

How can I dismiss an employee with special dismissal protection?

If a company wishes to dismiss an employee with special protection against dismissal, it must meet strict legal requirements: For example, the dismissal of a severely disabled person requires the approval of the Integration Office. Otherwise, a severely disabled person's dismissal is inadmissible without exception. Employees may give notice at any time.

When may an employee be terminated?

According to this law, an employee may be dismissed in particular if the dismissal is justified by "reasons in the person of the employee". In this case, it is a person-related termination ( § 1 II KschG ). The person-related termination does not require any fault on the part of the employee.

How does a blocking period for unemployment benefits arise?

Pursuant to Section 159 of the German Social Code, Book III, a blocking period of several weeks is imposed on unemployment benefit I if the employee behaves in a manner that is "contrary to the insurance scheme". This is always the case if the employee gives cause for termination through a reproachable act. Termination for personal reasons is possible without fault on the part of the employee.

Which employees have protection against dismissal?

The following in particular have special protection against dismissal: severely disabled employees and employees with equal rights. Pregnant women and mothers. Persons taking (or applying for) parental leave Works councils and staff councils as well as other elected representatives under the Works Constitution Act or the Staff Representation Acts (including election candidates).