The property management is to send a termination on your behalf. So far it has organised appointments and answered tenant queries. For the planned unilateral declaration, however, it must be clear what authority exists and how this will be demonstrated to the recipient. The familiar letterhead alone should not replace the verification.
Determine task and contractual authority separately
Provide the existing commission, powers of attorney and any subsequent amendments in full. Who is actually to make the declaration and in whose name? Is the signatory themselves the authorised person or are they relying on a further authorisation? Unclear roles should be clarified professionally before dispatch.
Our editorial recommendation: Trace the concrete chain of representation with the available evidence. A person can be responsible for routine contact without every planned legal declaration thereby being sufficiently clarified. The article does not determine the scope of a power of attorney from a particular contract heading.
Observe the special evidential question under § 174
§ 174 BGB declares a unilateral legal act of an agent to be ineffective where a power of attorney document is not produced, if the other party promptly objects for that reason. Objection is excluded where the principal had informed the other party of the agency. [VOLLMACHT]
These are concrete requirements. From them follows neither an automatic invalidity of every declaration without attached paper nor the certain dispensability of any evidence in the case of a well-known administration. What has already been communicated and what significance it has must be assessed in the specific case.
Actually inspect the document and earlier notification
Collect not only the power of attorney stored internally. Also present the earlier resident information and its verifiable transmission status. A file held in the office is not the same as an actual notification to the recipient of the declaration.
If the question is to be resolved by presenting a document, the concrete form of the evidence must be appropriately examined. The article does not declare any arbitrary scan or any particular signature product to be sufficient. It contains no original form and no ready-made termination.
Fictional case: The new management only knows the ongoing appointments
An owner has delegated appointment management and now expects the same office to issue the termination immediately. The resident information previously contained only a contact for reporting repairs. The later legal scope of authority was described internally differently than externally.
Before dispatch, commission, declaration and evidence are examined together. Only from that does a robust procedure arise. The owner does not subsequently add an internal note claiming that the tenant party had long since been fully informed.
Respond to an objection with the actual course of events
If an objection arrives after dispatch, secure the declaration, attachments, access and response. Immediately present the stated reason and time to legal counsel. The assessment of promptness is not derived from a general desired timeframe.
Additional formal, substantive and deadline issues of the termination remain independent. A clarified proof of authority does not automatically confirm them. Your result should be a suitably authorised, demonstrably evidenced declaration whose dispatch fits the legal review and the actual information status of the persons involved.