Checklist Termination Agreement for Tenants in Germany

Many tenants in Germany face the question of how to draft a termination agreement (Aufhebungsvertrag) correctly when stepped rent applies. This guide explains in simple terms which clauses are particularly important, how to observe deadlines, and which official forms or court levels become relevant in a dispute. It is aimed at tenants without legal expertise and provides concrete steps, sample wording and advice on evidence, handover and refunds. At the end you will find a short how-to, frequently asked questions and links to official authorities for forms and legal information.

What is a termination agreement and when is it sensible?

A termination agreement ends the tenancy by mutual consent instead of by notice. It makes sense when both parties want to clearly regulate deadlines, stepped rent or special termination rights. A termination agreement does not replace the review of statutory minimum deadlines under the Bürgerliches Gesetzbuch (BGB) and should clearly state whether ongoing step rent arrangements remain in effect or lapse.^[1]

Essential clauses for tenants

• Name the end date and deadlines clearly
• Rule for stepped rent: does it remain or end
• Compensation payments or refund of the security deposit share
• Apartment handover: condition, handover protocol, return of keys
• Evidence: photos, emails, written correspondence

Sample text for an unambiguous deadline clause

Formulate concretely: "The tenancy ends by mutual agreement on 30 June 2025. Payments are due until the last day of the tenancy; outstanding claims must be settled within 14 days." Such clear sentences reduce room for interpretation.

Forms and official steps

Tenants should check whether they need forms such as the application for legal aid (Prozesskostenhilfe, PKH) if court proceedings are imminent. For tenancy disputes, the local Amtsgericht is generally responsible; higher instances are the Landgericht and, if necessary, the Bundesgerichtshof.^[2][3]

How to safely conclude a termination agreement

1. First check your current rental agreement and mark step and termination clauses.
2. Note all relevant deadlines and the desired end date of the tenancy.
3. Document the condition and defects of the apartment with photos and a protocol.
4. Regulate in writing all payments, deposit questions and any compensation payments.
5. Keep the signed document and all receipts; seek legal advice if in doubt.

FAQ

Who is responsible if a dispute arises?

For tenancy disputes, the local Amtsgericht is usually responsible; higher instances are the Landgericht and the Bundesgerichtshof.

Can the landlord unilaterally enforce a termination agreement?

No. A termination agreement is only effective if both parties sign it voluntarily; otherwise ordinary termination is the legal route.

Does the termination agreement have to be in writing?

For evidentiary reasons, the termination agreement should always be concluded in writing and signed by both parties.

How-To

1. Read your current rental agreement first and highlight step and termination clauses.
2. Draft a proposal with a clear end date, payment obligations and handover rules.
3. Document the apartment condition shortly before handover with photos and a signed protocol.
4. Contact the local court or a legal advice center if unclear.

Key Takeaways

• Precise written agreements reduce later disputes.
• Documenting the handover protects against claims.
• Observe statutory deadlines and step rent clauses.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Decisions
• Information on legal aid (PKH) – Federal Office of Justice

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Decisions