Termination of a Lease of an Apartment by a Lessor

According to the Section 2288 Subsection 2 letter a) of the Civil Code, a lessor may terminate a lease for an indefinite period by three months´ notice if the apartment is to be used by the lessor or his spouse who intends to leave the family household and a petition for divorce has been filed or marriage was divorced.

The Supreme Court (decision of November 22^nd, 2016, Reference Number 26 Cdo 1454/2016) expressed its opinion that in case the apartment is to be used by the lessor, the termination reason is fulfilled without further conditions; only in case the apartment is to be used by the spouse who intends to leave the family, the lessor is obliged to prove that a petition for divorce has been filed or marriage was already divorced.

Regarding the above mentioned it is sufficient if in the notice it is only stated that the lessor wants to use the apartment for himself. It is then up to the lessee who does not agree with the termination of the lease of the apartment to claim and prove circumstances that will disprove the existence of the applied termination reason.