Immediate Termination for Tenants in Germany

When is immediate termination possible?

Immediate termination may be permissible when there is an important reason that makes it unreasonable for the terminating party to maintain the tenancy. Typical cases include:

• Payment arrears (rent arrears): Several months' rent remain unpaid and the landlord has already issued warnings.
• Health hazard (safety): Serious defects such as toxic mold despite defect notifications.
• Serious disturbance of the peace: Repeated harassment or criminal acts by the contracting party.

Legal bases include primarily the German Civil Code (BGB) on termination rules and breaches of duty^[1]. Procedural steps are governed by the Code of Civil Procedure (ZPO)^[2].

How to submit the termination correctly?

It is important that the termination is made in writing and signed by the terminating tenant. State the reason for termination, the date and the address of the rental property. For delivery, registered mail with return receipt or personal handover with receipt is recommended.

If possible, document defects with photos, witnesses or expert reports as evidence. A reference to previous warnings or deadlines strengthens your position in court later.

Forms and templates

There is no nationwide mandatory form for immediate termination; many authorities and courts show templates or guidance on form and content of termination letters. For eviction claims, courts use their own complaint forms; check with the competent local court for the proper form^[3].

What if the landlord objects?

If the landlord objects, they may insist on performance or have the termination reviewed by a court. In many cases, eviction proceedings follow at the local court; the court then decides whether the immediate termination was justified.

FAQ

When is a rent arrear sufficient for immediate termination?

A rent arrear can justify immediate termination if it is significant and the tenant does not pay despite warnings.

Must the termination be justified?

Yes, the termination should clearly state the important reason and include date and address.

What deadlines apply after an immediate termination?

Exact deadlines depend on the case; often eviction proceedings follow if the landlord does not accept the termination.

How-To

1. Step 1: Draft the termination in writing (form) — include date, address, signature and specific reason.
2. Step 2: Gather evidence — take photos, keep documents and record witnesses (evidence).
3. Step 3: Ensure delivery — use registered mail with return receipt or personal handover (form).
4. Step 4: If objected to: seek legal advice and, if needed, await procedure at the local court (court).

Key points

Documentation and timely communication are often decisive. If in doubt, obtain legal advice early — for example from tenant associations or legal counseling. In disputes, courts decide based on the BGB and ZPO, not practical considerations alone.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Gesetze im Internet (official law texts)
• Federal Court of Justice (BGH) – information and rulings