Submit Termination Agreement on Time for Tenants Germany

Many tenants in Germany face the question of how to submit a termination agreement (Aufhebungsvertrag) safely and on time without losing statutory deadlines or rights. This article explains step by step what tenants must consider: which deadlines apply, which formal points are important in a termination agreement, how to document evidence and when a court can be called upon. The language is simple and aimed at non-lawyers. You will receive practical examples, references to legal bases and checklists so that you know your rights as a tenant and can act reliably.

What is a termination agreement?

A termination agreement (Aufhebungsvertrag) is a mutual agreement between tenant and landlord to end the tenancy at a specific time or under specific conditions. Unlike a unilateral termination, a termination agreement requires the consent of both parties. For tenants it can be useful when a quick move-out is agreed or a mutual settlement on renovation obligations and deposit refunds is to be made.

Important deadlines and dates

Plan early: deadlines play a central role. Check the desired end date of the tenancy, possible notice periods in the rental contract and put the date in writing. If you agree on a move-out date, record it in writing and ask for confirmation.

• Within which period should the tenancy end? Check the contract and verbal agreements.
• Are there contractual notice periods or staged agreements that must be observed?
• Have the termination agreement recorded in writing and have both parties sign it.
• Document the condition of the flat at the handover with photos and a handover protocol.

Forms, templates and legal bases

There is no official standard form for a termination agreement; it is a private-law contract. Important legal bases for tenancy relationships are found in the provisions of the BGB (Sections 535–580a), which regulate landlord and tenant obligations.^[1] Notes on procedural steps can be found in the Civil Procedure Code (ZPO) if a dispute goes to court.^[2]

What should be included in the termination agreement?

• Termination date: exact date when the tenancy ends.
• Handover modalities: time of key handover and condition of the flat.
• Deposit arrangement: timing and modalities of deposit refund.
• Renovation or maintenance agreements: who covers which costs?
• Indemnity clauses or mutual releases, if agreed.

What to do in case of disagreement?

If landlord and tenant cannot agree, mediation or — if necessary — judicial clarification is the next step. Tenancy disputes are heard in the first instance at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice for precedents.^[3]

Practical checklist for tenants

• Make a written agreement and obtain signatures from both parties.
• Create a handover protocol with photos and keep records.
• Arrange deposit claims in writing and with deadlines.
• If unsure: contact legal advice or tenant counseling.

FAQ

Can a termination agreement be enforced unilaterally by the tenant?

No. A termination agreement requires the consent of both parties; without the landlord's signature it is not effective.

Does the termination agreement have to be in writing?

It is strongly recommended to conclude the agreement in writing and have both parties sign it to ensure evidentiary certainty.

Who is responsible if an eviction dispute arises?

Eviction claims and tenancy disputes are heard in the first instance at the local court (Amtsgericht).

How-To

1. Clarify: Discuss the termination date and conditions with the landlord.
2. Put it in writing: Draft a written termination agreement with date, handover and deposit arrangements.
3. Document: Create a handover protocol with photos and have both parties sign it.
4. Confirmation: Keep all documents and request confirmation of the agreement.

Help and Support / Resources

• Local court information and jurisdiction details.
• Federal Court of Justice: overview of relevant tenancy law rulings.
• Gesetze im Internet: full text of the German Civil Code (BGB).

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions on tenancy law