Termination after Rent Increase for Commuters in Germany

Many tenants in Germany face the question whether a significant rent increase justifies termination, especially when commuters are burdened by rising costs. This guide clearly explains what rights you have as a tenant, which deadlines apply and how to draft a legally valid termination letter. We show practical cases for commuters, cite relevant sections of the German Civil Code (BGB), describe which court is responsible and list official form requirements so you can act immediately without legal background.

When is termination possible after a rent increase?

A rent increase alone does not automatically create a special right to terminate; ordinary termination is subject to legal deadlines and form requirements. However, unbearable financial strain, such as a high rent increase, can in exceptional cases amount to hardship; disputed cases are decided by the local court. The termination must be in writing and signed by the terminating party; see § 568 BGB for the written form requirement for residential tenancies^[1].

Practical case: commuter facing sudden rent increase

Case: Anna commutes 120 km daily and her rent increases by 18%; the additional burden makes living unaffordable. Procedure:

• Check deadlines in the rental contract and the statutory notice period (usually three months).
• Draft a written termination letter, sign it by hand and state the contract end date.
• Collect evidence of financial burden: pay slips, travel costs, proof of rent increase.

Sample wording for the termination letter

A simple, valid termination letter should include: recipient (landlord), place and date, a clear declaration of termination with the contract end date and a handwritten signature. Example: "I hereby terminate the tenancy for the apartment Musterstraße 1, 12345 City, properly as of 30.09.2025." Written form is required under § 568 BGB^[1].

What to do if the landlord objects?

If the landlord responds with a counterclaim or disputes the rent increase, document communications and consider legal advice. Eviction actions and other court procedures follow the rules of civil procedure (ZPO); local rent disputes are under the jurisdiction of the Amtsgericht^[2].

Forms and official guidance

Relevant official guidance and legal texts you may need:

• Termination letter (written, signed) – mandatory under § 568 BGB; use these requirements when preparing your letter^[1].
• Information on court procedures and jurisdiction: Amtsgericht for tenancy disputes, Landgericht and BGH for appeals^[3].

Häufige Fragen

Can I terminate immediately if rent rises sharply?

An immediate special termination is only possible in exceptional circumstances; in general statutory notice periods and the written form under § 568 BGB apply.

What notice period applies to an ordinary termination?

For residential property the standard notice period is three months; longer periods may apply in individual cases.

Which court decides in a dispute?

The Amtsgericht is the first instance for tenancy disputes, with Landgericht and Bundesgerichtshof as higher instances.

How-To

1. Check the termination date in the lease and note the statutory notice period.
2. Collect evidence of financial burden caused by the rent increase (statements, travel costs).
3. Prepare the written termination letter in accordance with § 568 BGB and sign it by hand.
4. Send the termination in a verifiable manner (registered mail or personal delivery with receipt).
5. If a dispute arises: file documents with the local court or seek legal counsel.

Help and Support

• [1] §568 BGB - Termination of a tenancy
• [2] German Civil Code (BGB) §§535–580a
• [3] Federal Court of Justice (BGH) - Case law

1. [1] §568 BGB - Termination of a tenancy
2. [2] Code of Civil Procedure (ZPO) - Court procedures
3. [3] Federal Court of Justice (BGH) - Information on case law