Termination Checklist for Tenants in Germany

As a tenant in Germany you should proceed systematically when giving an ordinary termination. This checklist clearly explains the most important steps: how to calculate the notice period, which termination letter is formally required, which proofs and handover appointments are important and which official forms or courts may become relevant. You will receive practical sample formulations, notes on ongoing service charges and handover protocols, and tips on how to meet deadlines and safely archive documents. The guide is written for non-lawyers and shows when a conversation with the landlord is sufficient and when a legal review is advisable.

Preparation

Before you terminate, collect all relevant documents and plan the deadlines. First check the rental agreement and note the start and end of the tenancy as well as agreed notice periods.

• Calculate the deadline (deadline): check the start and length of the notice period.
• Draft the termination letter (form): date, address, clear intent to terminate, signature.
• Prove delivery (deliver): registered mail with return receipt or personal handover with receipt confirmation.
• Collect documentation (evidence): rental contract, payment proofs, correspondence.
• Plan the handover appointment (move-out): arrange a date for the handover protocol and key return.

Sample termination and formalities

There is usually no nationwide official form for a rental termination; however, you can use a short informal letter. State place, date, landlord and tenant name, apartment address, the clear intent to terminate and the termination date. The legal basis for rental agreements can be found in the German Civil Code (BGB).^[1]

Sample text (short):

"I hereby terminate the rental agreement for the apartment [address] at the earliest possible date. Please confirm receipt of this letter in writing."

Delivery and deadlines

Compliance with the method of delivery is crucial because the notice period begins when the landlord receives the termination. Registered mail with return receipt or personal handover with confirmation is recommended.

• Registered mail (deliver): use registered mail with return receipt as proof.
• Personal handover (help): arrange a handover appointment and obtain a receipt confirmation.
• Document (evidence): keep a copy of the letter, shipping receipts and note any witnesses.

Handover, deposit and possible disputes

Plan the apartment handover early and create a handover protocol with photos. Clarify the deposit refund in writing and document defects and their remediation. If disputes arise about return or claims, the local Amtsgericht is usually responsible; court proceedings follow the rules of the Code of Civil Procedure (ZPO).^[2]

• Handover protocol (evidence): document photos, meter readings and condition.
• Clarify deposit (rent): document deadlines and any deductions in writing.
• Legal steps (court): in case of disputes, a lawsuit at the local court may be necessary.

FAQ

Can I terminate an unfixed-term tenancy?

An unfixed-term tenancy usually ends automatically; ordinary termination is only possible if contractually agreed or legally permitted.

Does the termination need a signature?

Yes, an ordinary termination by the tenant generally must be in writing and personally signed to be effective.

Which court is competent if an eviction lawsuit arises?

Local district courts (Amtsgerichte) are usually competent for tenancy disputes and eviction lawsuits.

How-To

1. Check the deadline (deadline): determine the earliest possible termination date based on the contract.
2. Write the termination (form): draft a dated and signed termination letter with address and clear statement.
3. Secure delivery (evidence): send the termination by registered mail with return receipt or hand it over personally with a receipt.
4. Perform the handover (move-out): complete a handover protocol, photograph the condition and return the keys.

Help and Support

• Forms and legal texts (form): Gesetze im Internet — BGB
• Hotline and information (help): Federal Ministry of Justice — BMJ
• Court decisions (court): Federal Court of Justice — BGH

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