Avoid Special Termination Rights for Tenants in Germany

Many tenants in Germany face questions in 2025 about how to avoid special termination rights, for example during modernization, rent increases, or damage to the dwelling. This guide explains in clear, practical terms what landlords' and tenants' rights are, which deadlines matter and which steps you as a tenant can take immediately to prevent unwanted terminations. We name relevant sections of the BGB, show typical disputes and describe concrete sample forms and contact points. The goal is that you recognize situations early, secure evidence and meet deadlines so that you can keep your apartment or find an orderly solution.

What does "special termination right" mean?

A special termination right allows one party to end the tenancy early for particular reasons, often without observing the normal notice periods. The basics for landlords and tenants are regulated in the German Civil Code (BGB), in particular regarding reasons for termination and obligations of landlords and tenants.^[1]

Typical triggers and risks

• Modernization that significantly impairs use or leads to high additional costs
• Rent increases after modernization or adjustment to local comparative rent
• Uninhabitability due to significant defects such as heating failure or mold
• Terminations by the landlord for personal reasons such as owner move-in

Rights and obligations before a termination

First check the rental contract and note all deadlines. For modernization, the landlord must explain planned measures in writing and justify possible rent increases. For serious defects, tenants may under certain conditions reduce rent or demand remediation; such steps should always be documented.^[1]

Preventive steps tenants should take

1. Read the rental agreement carefully and mark clauses on termination and modernization.
2. Respond in writing to the landlord's notices and ask for concrete dates and scope.
3. Document defects immediately with photos, date and witnesses.
4. Seek legal advice or contact the local court if deadlines are disputed.^[2]
5. Use official templates for responses or objections to avoid formal errors.^[3]

FAQ

Can the landlord terminate immediately because of planned modernization?

No. Modernization does not automatically justify immediate termination; the landlord must state deadlines, scope and possible rent increases in writing.

Do I have to vacate immediately for owner move-in?

Owner move-in can justify termination, but the landlord must comply with statutory notice periods and explanations; objection and clarification before the local court are possible.^[2]

Are there official templates for objections or termination responses?

Yes, there are official notes and templates from the federal ministry; use such templates to avoid formal mistakes.^[3]

How-To

1. Check the received termination or modernization notice immediately for deadlines and justification.
2. Secure evidence: photos, messages, witnesses, contractor invoices.
3. Write a formal reply or objection within the relevant deadline stating your concerns.
4. If necessary, file a lawsuit or application with the competent local court and present your documentation.^[2]

Key takeaways

• Deadlines often determine the success of objections.
• Documentation increases your effectiveness in disputes.
• Use official templates and government information about the law.

Help and Support

• Gesetze im Internet – BGB and tenancy law
• Federal Court of Justice – tenancy decisions
• Federal Ministry of Justice – guidance and templates

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Local court jurisdiction and procedural guidance
3. [3] Templates and guidance from the Federal Ministry of Justice