Immediate Termination: Tips for Tenants in Germany

As a tenant in a German big city, an immediate termination can suddenly become relevant—for example, in case of serious defects, repeated breaches of contract by the landlord, or acute health hazards in the apartment. This guide explains clearly which legal requirements under the BGB^[1] apply, which evidence is important and how to use official forms and sample letters to quickly secure your rights. I show concrete steps, deadlines and the jurisdiction of the local courts as well as references to important rulings so you can better assess whether an immediate termination is justified and how to act wisely. You will find sample texts and guidance on proceedings before the local court and links to official legal texts.

What is an immediate termination?

An immediate termination ends the tenancy without observing the usual notice period if there is an important reason. Typical legal bases are in the BGB and refer to breaches of duty or significant contractual violations. The local courts are generally responsible for many tenancy law cases.^[3]

When is it justified? (Common reasons)

• Serious defects to heating, water or mold that endanger health.
• Prolonged rent arrears despite reminders.
• Illegal use of the apartment or significant contractual breaches by tenant or landlord.
• Repeated disturbances of the peace despite warnings.

Forms and sample letters

In practice, clear dated termination letters and defect notifications are useful. A common template is a sample letter for termination or defect notification; official guidance is available from ministries and courts.^[2] State clearly which defect you report, which deadline you set and which legal consequences you seek.

• Termination letter (sample) – date, state reason and clearly label it as "immediate termination."
• Evidence checklist – collect photos, temperature logs, emails and witness statements.
• Proof of delivery – send important letters by registered mail or with return receipt.

Evidence and documentation

Good documentation improves your chances in court or negotiations. Note dates, keep messages, create photo and video evidence and, if necessary, have defects confirmed by an independent authority.

• Photos and videos with date and time.
• Correspondence (emails, SMS) and handover protocols.
• Records of conversations with the landlord and, if applicable, official actions.

FAQ

When can I terminate immediately?

If an important reason exists that makes continuation of the tenancy unreasonable; this depends on the circumstances of the individual case.

What deadlines apply?

Many steps require quick responses; possible cure periods or statutory deadlines are regulated in the BGB and must be observed.^[1]

Where can I turn if there is a dispute?

In case of disputes, the local court is usually responsible; in higher instances the regional court or the BGH decides.^[3]

How-To

1. Check: Describe the defect or misconduct precisely and assess whether it justifies immediate termination.
2. Document: Collect photos, messages, invoices and witness statements.
3. Write: Prepare a clear sample letter and set an appropriate deadline for remedy.
4. Act: If necessary, file a claim or seek eviction protection at the local court or obtain legal advice.^[4]

Help and Support

• Gesetze im Internet: BGB
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesministerium der Justiz (BMJ)
3. [3] Gesetze im Internet: Zivilprozessordnung (ZPO) / Local court jurisdiction
4. [4] Bundesgerichtshof (BGH) – Decisions and overviews