Checklist: Tenant Termination Letter in Germany
As a tenant in Germany, it is important to formulate an ordinary termination of the rental agreement clearly, on time and in a legally secure manner. This checklist helps commuters and frequent business travelers to observe the most important steps: check deadlines, choose the necessary wording, use official forms and document receipts. I explain simple formulations, which information must not be missing in the termination letter, how to prove delivery and which deadlines apply under the BGB. I also show how to proceed in case of questions or disputes with the landlord and which courts are responsible. At the end there are practical templates and notes on official authority forms.
When is an ordinary termination possible?
An ordinary termination by the tenant is possible as long as the lease is not expressly fixed-term or special contractual agreements oppose it. Legal bases and deadlines can be found in the Bürgerliches Gesetzbuch (BGB)[1].
Form and content of the termination letter
The termination letter must be unambiguous and contain personal information. A short, clearly worded letter and the tenant's handwritten signature are usually sufficient.
- State the deadline and the termination date
- Full names and addresses of tenant and landlord
- Specify the rental property (address, apartment number if applicable)
- Request proof of delivery or specify the method of dispatch
- Signature of the terminating tenant
Deadlines and proof
Check the contractually agreed and the statutory termination deadlines under the BGB[1]. For commuters, proof of delivery is particularly important so that the deadline begins.
- Check statutory deadlines (e.g., ordinary termination periods)
- Choose registered mail with return receipt if you want proof of delivery
- Keep copies of the letter and delivery receipts
Special case: Commuters
Commuters should also provide a recent employment certificate and a forwarding or handover address that can be read. If you terminate due to a job change or move, note the planned move-out date and offer a contact option.
What to do in case of dispute and court proceedings
If a dispute arises, many tenancy matters are heard before the competent local court (Amtsgericht); the rules of procedure are governed by the Civil Procedure Code (ZPO)[2]. For fundamental legal questions, decisions of the Federal Court of Justice (BGH) may be relevant[3].
Templates
There is no officially prescribed form for ordinary termination by the tenant. A sample text is usually sufficient. Example text:
"I hereby terminate the tenancy for the apartment Musterstraße 1, 12345 Example City, at the next possible date, observing the contractual or statutory notice period. Please confirm receipt and the termination date in writing."
Key points before sending
- Check deadlines and state the correct termination date.
- Choose a dispatch method that provides proof (registered mail etc.).
- Keep copies and delivery confirmations.
FAQ
- How long is the notice period for an open-ended tenancy?
- For tenants, the statutory notice period is usually three months unless something different is contractually agreed.
- Do I have to use an official form?
- No, there is no official termination form. A written, signed termination letter is sufficient.
- How do I prove delivery of the termination letter?
- Sending by registered mail with return receipt or personal handover against receipt are common proofs.
How-To
- Create a draft of the termination letter and complete all mandatory details.
- Check deadlines and determine the correct termination date.
- Choose the dispatch method (e.g., registered mail) and note the date of sending.
- Secure copies and delivery receipts and store them in a safe place.
- In case of dispute, seek legal advice and consider action at the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
