The need for equity is no longer given within this period the termination loses its effectiveness. The landlord establishes captive transparent, so the termination might still invalid due to different causes. This is especially the case, if it would constitute an illegal abuse of rights, to rely on its own needs. For example is quite abusive consumption cancellation, if had to be known to the landlord at the completion time of the rental agreement or could, that it would come to the entrance of the equity if necessary. He informed the tenants do not have the relevant facts, the termination is quite unfair and thus ineffective. In the case-law this ineffectiveness criterion is restricted so that the cancellation is effective, if between the catchment of the tenant and the actual entrance of the own needs more than five years have passed. Can the tenant otherwise quench his own needs without notable losses, for example using a vacant apartment of his property, the captive termination is also regularly as quite abusive rejected.
The law unfair of termination of consumption may continue to extend to cases, where the landlord attempts to enforce a significantly inflated demand for housing or but a limited consumption. In case of doubt, a judicial balancing of the individual decides here about the reasoning of the lessor. Not because of the unfairness of the law, but due to purpose misconduct and reason of conformity captive termination is then not allowed if the landlord can ever implement his concern of use of not based in the affected premises. Reasoned captive termination in some cases yet in the way of the interests can not enforceable remain, since they the tenants for social reasons not reasonably expected to be to and the landlord must allow this are against it. For example, such assessment in question would be, if a 85 tenant who lives for 35 years in the premises, to the 20 year-old granddaughter of the lessor.
The landlord deliberately faking a consumption, termination based on the unlawful deception is void. Also, claims for damages arising the tenant as a victim in this case against the landlord. The admissibility of any captive termination stands or falls on the grounds of the lessor and its legal assessment.