Support - Termination of lease

Procedure

• After receipt of the application, the case is submitted to the responsible legal officer for processing. As part of the approval procedure, the person concerned is given a personal hearing. This is carried out either by the court, or otherwise by a guardian ad litem appointed separately by resolution. The guardian ad litem checks compliance with the legal provisions and has an independent right of appeal. After receipt of a written statement from the guardian ad litem, the court shall decide by resolution.
• The decision is served on the parties to the proceedings so that the two-week appeal period can be set in motion. The order shall not take effect until it becomes final. If the guardian has filed an application for the issuance of a copy of the order with a certificate of res judicata, a corresponding copy shall be sent after the order has become res judicata. The legal force can be determined exclusively by the court.
• As a rule, after completion of the approval procedure, the court requires proof that the procedure has been carried out. This can be provided by submitting a confirmation of termination by the landlord.

Legal bases

• §§ 1814 ff Bürgerliches Gesetzbuch (BGB)

More information

A medical certificate must be submitted. This should not be older than one month before the application is made. In principle, statements, applications or other requests must be submitted to the court in writing.

There is no separate form. Corresponding applications can be made informally. However, the written form of the application is mandatory.