Terminating a lease: What can your father do?

Questioner

In order to rent my apartment, one of my parents had to guarantee the rent, because of my young age. My father agreed to this and co-signed the lease. His question is whether he (because he co-signed the contract) can also cancel the rental contract (in the worst case scenario, if something happens to me or something) because he co-signed the contract. The broker states the following: The father's surety is precisely intended to ensure that he can be called upon under all circumstances. Formally, the father is not a party outside the surety, so he cannot cancel the lease. It's also about a little bit of trust from the father in the daughter. Is this correct or is it possible (by means of an addendum, which was also our request when signing the contract) for my father to cancel the lease?

Lawyer

It is possible that your father only signed the lease agreement in respect of a security deposit included in it. Your father will only be a tenant if he is also named as such (i.e. as tenant) in the agreement. If he is not a tenant, he cannot terminate the lease. If he is a tenant together with you, he can only terminate the lease for himself, so not for / on behalf of you, unless you have authorized him to do so.

Lawyer

In the event that you die, the law stipulates that the heirs can terminate the lease for a period of up to six months, with one month's notice. The surety will then no longer be valid.