Court confirms: Racist insults by tenants can lead to extraordinary termination
The Local Court of Hanover (Case No. 465 C 7812/5, decision dated 12.09.2023) has clarified in a recent decision that racist denigration of landlords can be evaluated as a significant breach of contract. In the specific case, this disregard for the landlord’s personal rights led to immediate, alternatively proper, termination of the tenancy.
Facts: Conflict between tenant and landlord escalates
The proceedings were triggered by a tenant who, during a dispute, repeatedly racially insulted his landlord and used derogatory language. The relationship between tenant and landlord had already been tense; an amicable solution could not be reached beforehand.
According to the court’s findings, the insults were uttered both personally and in the presence of third parties. These circumstances weighed against the tenant, as the degrading remarks were made publicly rather than in private.
Legal assessment: Breach of the tenancy agreement and the landlord’s rights
According to the Local Court, the deliberate racist insult of the landlord constitutes a significant and conscious breach of duty within the tenancy pursuant to Section 543 Subsection 1 and Subsection 2 No. 3 of the German Civil Code (BGB). Such statements fundamentally undermine the trust between contracting parties and justify the landlord’s legitimate interest in the immediate termination of the tenancy.
Case-by-case assessment
The court emphasized that each case must be judged individually, always weighing the tenant’s interest in their housing against the landlord’s interest in an undisturbed and respectful contractual relationship. In this case, the landlord’s interests prevailed because the insults were deliberate and severe, and the obligations of mutual respect under Section 241 Subsection 2 BGB were significantly violated.
No entitlement to a warning or continuation of the tenancy
In the case at hand, the court clarified that it was unreasonable to expect the landlord to continue the tenancy or issue a prior warning. The threshold for the obligation to issue a warning does not apply in cases of particularly serious violations of honor and in situations where the trust relationship has been irreversibly destroyed by the breach of duty.
Significance for tenancy law and societal relevance
The decision of the Local Court of Hanover demonstrates that discrimination and racist insults in the housing market are not minor matters, but can entail significant legal consequences. Tenancies require a minimum standard of mutual respect and consideration. If this principle is seriously violated, landlords may exercise their right to immediately terminate the contractual relationship.
Note on the presumption of innocence and ongoing proceedings
The decision of the Local Court of Hanover specifically relates to the individual case. In ongoing proceedings, the presumption of innocence applies to every affected person until a final legally binding decision has been reached. (Source: urteile.news)
Target group: Companies, investors, high-net-worth individuals
For companies, institutional landlords, and high-net-worth individuals who use real estate as an investment, this development underscores the importance of prudent and low-conflict management of tenancy relationships. Racist discrimination not only affects the landlord’s legal position, but also influences public perception and the reputation of owners as well as the stability of real estate portfolios.
Summary and further questions
The decision of the Local Court of Hanover makes it clear that German civil law shows zero tolerance for serious discrimination and violations of human dignity in residential tenancies. Breaches of these fundamental principles may lead to the immediate termination of contractual relationships.
Significant legal and social implications arise for all market participants from this. If there is any uncertainty regarding rights and obligations under a tenancy—especially relating to insult or discrimination—it is advisable to seek well-founded legal advice.
The lawyers of MTR Legal, working nationally and internationally, have extensive experience in real estate law and provide advice on all issues related to tenancy and adjacent fields of civil law.
