Tenancy law for service housing: What are your rights?

Questioner

I have been living in a rental property from my employer for over 20 years. It is a service home. The rental contract states that the landlord may terminate the lease upon termination of the employment. It also states that the formalities of the Civil Code must be observed. Because my position will soon be terminated, my employer proposes to terminate the employment by mutual consent, via a settlement agreement. In addition, my employer wants to sell my home (and the other service homes) to a housing association. According to my information, my employer is not allowed to terminate the lease - despite what is stated in the contract - due to rent protection. My question is whether my employer is allowed to terminate the lease and therefore evict me from my home after I have agreed to a settlement agreement and the employment is terminated.

Lawyer

In the case of a service home, there is no question of tenure protection. The home must then be vacated when the employment ends. However, it is only a service home if the use of the home itself is part of the obligations under the employment contract. Think, for example, of a forester's house or a rectory that is built against a church. If this requirement is not met, then there is an 'improper service home'. In that case, the rent protection applies and the lease does not end at the same time as the employment contract. The decisive factor is therefore not that the home is rented from the employer.