Landlord must subjugate students not to the cancellation waiver. Landlord may not subjugate students who are instructed to carry out an external study on a dorm room, the exclusion of the termination in a form in terms of the lease. Such a provision is also void if the landlord for this period also waived his proper right of termination. This has among other things for living questions competent VIII. civil Senate of the Federal Supreme Court found (AZ. VIII ZR 307/08). In the underlying case, a student had completed such a lease with the institution of a residence.
He wanted to take off before the end of the two-year period, what denied him but the dormitory administration, citing the mutual cancellation waiver. The German Federal Supreme Court declared the clause invalid, because student tenants is unreasonably discriminates. Differently than an ordinary tenant a student must be due to its study situation always by his ordinary Termination right can make use. Many students attend study abroad during their studies. During this time, they must give up their dorm room for cost reasons, because they would have to pay rent or twice. Some students must cancel also graduated prematurely and may then not unnecessarily long bound by the lease. Such situations are hardly predictable according to the Federal Supreme Court judge. Landlord must therefore take into account the interests of students.