Support - Termination of lease

• If the guardian wishes to declare the termination of the apartment on behalf of the person concerned, approval by the guardianship court is required before the declaration can be issued. The prerequisite is that the guardian is responsible for housing matters and that the guardian submits a written request to this effect. Without approval by the guardianship court, the termination is invalid. A subsequent cure is not possible.
• A medical certificate must be submitted with the application. This must show that it is no longer possible for the person concerned to live independently, even with the help of outpatient services. Furthermore, the certificate should contain a statement as to why a return is impossible. The guardianship court approves the concrete statements of the guardian, a blanket granting of approval is not possible.
• The court decides by order, which must become final. In addition to the application for approval by the guardianship court, an application must also be made for the issue of a copy of the decision with a certificate of res judicata.
• Provided that the person concerned is independently capable of making the termination and has an overview of the consequences of his/her actions, the granting of court approval is not mandatory. The court can only approve the declaration of the guardian. Independent termination by the person concerned, on the other hand, is not subject to approval. If in doubt, a doctor should be consulted to determine whether the person concerned is capable of overseeing his or her actions and the resulting consequences.

Requirements

Area of responsibility: housing matters; request of the guardian

What documents do I need?

• Medical certificate
  

  A medical certificate is mandatory. This should not be older than one month before the application.

• Written request from the supervisor
  

  The content of the application should provide information on whether the person concerned is mentally capable of carrying out the legal transaction independently. Whether he or she can be heard on the application, this means to what extent he or she understands the facts. Could he or she appeal or make appropriate motions. Which desires or viewpoint to the notice of termination has he or she to the apartment notice.