Justify Immediate Termination - Tenants in Germany

Many tenants in Germany face the question of how to legally protect themselves when considering an immediate termination due to serious defects, contractual breaches, or unbearable harassment. This guide explains clearly which reasons support an immediate termination, how to document damages and obligations, which official forms may be required and how the local court reviews tenancy matters. ^[1] We show a clear sample termination letter, give practical tips for managing deadlines and list relevant sections in the BGB as well as the competent courts. At the end you will find references to official forms and next steps.

When is immediate termination possible?

An immediate termination is possible when there is an important reason that makes continuation of the tenancy until the ordinary notice period unreasonable for the terminating party. Typical reasons include significant rent arrears, ongoing disturbance of the peace in the building or massive defects that remove the usability of the apartment. Document the extent, duration and consequences of the problem as well as your attempts to remedy it.

Common reasons (examples)

• Significant rent arrears that exceed two months' rent or occur repeatedly.
• Massive defects to heating, water or sanitary facilities that severely impair the use of the apartment.
• Endangerment by illegal or dangerous actions of third parties in the building.
• Documented contractual breaches, such as repeated unauthorized subletting or gross violations of house rules.

Forms and templates

There is no uniform official form for immediate termination by tenants, but a clear sample termination letter helps to state reasons, dates and deadlines precisely. Phrase: reason for termination, concrete incidents, desired termination date and reference to collected evidence. Send the letter preferably by registered mail with return receipt or by hand with an acknowledgment of receipt.

Procedure when there is no response or a threat of eviction

If the landlord does not respond or an eviction suit is threatened, the procedure can end up before the local court; the rules of the ZPO apply to initiating legal action, claims and service. ^[2] Collect all evidence, prepare a chronological documentation and present it to the court if an eviction suit is filed.

Courts and legal bases

Tenancy disputes at first instance are usually heard by the competent local court (Amtsgericht); appeals go to the regional court (Landgericht) and precedents to the Federal Court of Justice (BGH). ^[3] Important statutory regulations on tenancy law can be found in the BGB (see §§ 535–580a).

FAQ

Can I terminate immediately as a tenant?

Yes, if there is an important reason, such as severe defects or repeated contractual breaches; document evidence and, if possible, set a remedy deadline first.

Which deadlines do I need to observe?

An immediate termination usually takes effect immediately; however, it is often sensible to give the landlord a clear short period to remedy the situation before terminating.

When should I involve the court?

If the landlord does not respond, fails to remedy the situation, or an eviction suit is threatened, consult the local court or legal advice to clarify the next steps.

How-To

1. Collect evidence (evidence): Take photos, keep correspondence, prepare defect logs and note witness names.
2. Set a deadline (deadline): Send a written warning with a clear period for remedy.
3. Write the termination (notice): Prepare a sample termination letter and send it by registered mail.
4. Court steps (court): If necessary, file a claim or response with the competent local court.

Help and Support

• BGB §§ 535–580a – gesetze-im-internet.de
• ZPO – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de