Tenant Termination Checklist Germany 2025
When can tenants give ordinary notice?
As a tenant you can usually give ordinary notice if the lease is not fixed-term. The statutory basic period depends on the rental agreement and the provisions of the BGB[1]. Pay attention to notice periods and the date the termination becomes effective.
- Check the notice period and meet deadlines.
- Draft, sign and date the termination letter correctly.
- Collect receipts, handover protocol and photos as evidence.
How to draft a legally valid termination letter
A correct letter includes name, address, rental address, termination date, desired end date and signature. If you use a sample letter, check and adapt names and dates. The effective receipt of the termination is important; use registered mail with return receipt or personal delivery with a confirmation of receipt.
Negotiating with the landlord
Often the end of tenancy can be arranged amicably. Prepare a brief offer (e.g. earlier move-out in exchange for a partial waiver of the last month 27s rent) and document each conversation in writing. If negotiations fail, the local court may be involved, especially for eviction claims if the apartment is not returned[2].
What to do with defects or counterclaims?
If the landlord claims damages or defects, gather evidence (photos, witnesses, invoices) and check the validity and amount of claims. Small deductions from the deposit are common, but excessive demands can be disputed and, if necessary, litigated.
FAQ
- Do I need a reason to give ordinary notice as a tenant?
- No. Tenants usually do not have to state a reason as long as contractual and statutory notice periods are observed.
- How can I ensure the termination was received?
- Recommendation: delivery against written receipt or registered mail with return receipt; if necessary the local court can decide on receipt[2].
- Which laws govern termination and tenant rights?
- Key provisions are in the German Civil Code (BGB); for court procedures the Code of Civil Procedure (ZPO) applies[1][2].
How-To
- Step 1: Check notice periods in the lease and under the BGB.
- Step 2: Draft and sign the termination letter; use a sample letter[3].
- Step 3: Contact the landlord and explore negotiation options.
- Step 4: Hand over the apartment, create a protocol and review the deposit accounting.