Justify Immediate Termination for Tenants in Germany

As a tenant in Germany, an immediate termination can be a stressful situation. This guide explains in plain language when tenants may end a tenancy immediately, what legal requirements under the BGB apply, and which evidence matters in court. I show simple wordings and a sample letter, explain the correct procedure for sending by registered mail, and name the responsible authorities and courts. The guidance is aimed at tenants without legal expertise and gives practical steps to avoid risks and meet deadlines. At the end you will find a checklist, FAQ and official sources for forms and further information. Use these tips as orientation; if in doubt, check your situation with an advice center or the local court.

When is immediate termination possible?

An immediate termination by or against a tenant is only possible under narrow statutory conditions. The decisive factor is whether there is an important reason that makes continuation of the tenancy until the end of the ordinary notice period unreasonable. The relevant rule on extraordinary termination is contained in the BGB.^[1]

• Frequent, serious rent arrears (several months) can justify immediate termination.
• Endangering the property or others through significant disturbances or criminal acts.
• Severe defects affecting habitability (e.g. heating failure, extreme mold) if the landlord does not remedy them timely.
• Unacceptable breaches of contract, such as repeated unauthorized subletting after a request to stop.

How should tenants phrase the immediate termination?

A clear letter helps avoid misunderstandings. An immediate termination should include date, full addresses, concrete reasons with dates and a request for response. Name specific incidents and attach evidence. There is no government-mandated form for an immediate tenant termination, but sample letters help with wording and structured evidence.^[3]

• Date, tenant and landlord name and address and contract details must be stated.
• Briefly describe concrete incidents with dates and supporting evidence (photos, logs, witnesses).
• If improvement is possible, set a final deadline; otherwise state the immediate termination explicitly.
• Indicate how you will handle key return or further communication.

Which evidence should tenants collect?

Good documentation often determines the success of an immediate termination. Collect dated evidence systematically.

• Photos and videos of defects with date and time.
• Correspondence with the landlord (emails, letters) and delivery confirmations.
• Names of witnesses and brief written statements if neighbors or contractors were involved.
• Expert reports or repair invoices as proof of damage or non-remedy.

Court proceedings and jurisdiction

If a dispute arises, the local court (Amtsgericht) is typically responsible for tenancy cases; appeals go to the regional court. Procedural rules are found in the Code of Civil Procedure (ZPO).^[2] In case of litigation, the court decides whether the immediate termination was justified; relevant Federal Court of Justice precedents may apply.^[4]

Proceed step by step: collect evidence, set a remedy deadline, send the termination correctly and prepare for potential court steps.

Key takeaways

• Immediate termination is only allowed for serious reasons and is rarely the first option.
• Documentation with dates and evidence is central to successful claims.
• Act promptly and observe legal deadlines to avoid losing rights.

FAQ

Can I move out immediately if I terminate immediately?

Yes, as a tenant you can end the tenancy immediately if there is an important reason; however, consider possible landlord counterarguments and keep your evidence.

Do I have to give the landlord a deadline to remedy the issue first?

Often a reasonable opportunity to remedy is advisable; with particularly serious breaches, immediate termination may be justified without prior deadline.

Where can I get legal help?

Local courts are competent for disputes; get legal advice if uncertain and consult official guidance.

How-To

1. Collect all evidence (photos, messages, invoices).
2. Set the landlord a clear deadline to remedy the issue, if appropriate.
3. Draft and send the immediate termination by registered mail or hand it over personally.
4. Prepare for possible proceedings and inform the competent local court.

Help and Support / Resources

• BGB §543: Extraordinary termination
• ZPO: Code of Civil Procedure
• Federal Court of Justice (BGH) - Decisions

1. [1] Gesetze im Internet: BGB §543
2. [2] Gesetze im Internet: ZPO
3. [3] Federal Ministry of Justice (BMJ)
4. [4] Federal Court of Justice (BGH)