Tenant termination after rent increase in Germany
As a tenant in Germany it is important to know how a graduated (step) rent and a subsequent rent increase affect your termination options. This text explains clearly which deadlines apply, when an extraordinary or ordinary termination may be permissible and which formalities and documents you need. You receive practical action steps, an example termination letter and guidance on required forms and which authorities or courts you can contact. The explanations refer to German tenancy law, relevant sections of the BGB and typical court decisions, so you as a tenant can make transparent decisions and assert your rights securely. If unsure, please use the competent local courts and official advisory services for clarification.
Legal foundations
The main provisions on the tenancy and termination are found in the BGB (§§ 535–580a). In a graduated rent agreement the contract regulates the increasing amounts; an additional rent increase can change the situation, especially regarding whether and when the tenant can terminate.[1] For the form of termination § 568 BGB requires written form, meaning the termination must be personally signed.[2]
When can a tenant terminate?
In principle, the tenant's ordinary right of termination remains. A rent increase due to graduated rent does not automatically change the right to terminate, but it can affect deadlines and the economic balance. In special cases, an extraordinary termination due to unreasonable burden is possible, for example if the rent increase makes the apartment unaffordably expensive or there is a serious contractual breach.
Ordinary termination
Ordinary termination follows the contractually agreed or statutory notice periods. Pay attention to the contractually stated schedule and any special clauses.
Extraordinary termination
Extraordinary (immediate) termination is only possible for important reasons that make continuation of the tenancy unreasonable. Examples include significant defects or repeated failure to remedy after notification.
Practical checklist before signing
- Check whether the graduated rent is clearly defined in the contract and when each stage begins.
- Note notice periods and the start of the graduated stages so you can meet deadlines.
- Calculate the actual rent burden over the staged periods to assess financial reasonableness.
- Collect all proofs: lease, rent increase notices, previous payment receipts and correspondence.
Before signing, compare the graduated rent with the local comparative rent and check whether formal requirements for a rent increase were met.
Form and content of a termination
An effective termination must always be in writing and personally signed. State the rental property, the date and the declared termination date clearly. For extraordinary termination, state the reason and set a deadline for remedy if possible, supported by evidence.
Example (simplified termination letter)
Wording: "I hereby terminate the tenancy for the apartment Musterstraße 1, 1st floor, effective [date]. Reason: [brief justification]. Sincerely, [signature]."
Frequently asked questions
- Can I terminate after an agreed graduated rent due to the rent increase?
- Yes, the tenant's ordinary termination generally remains possible; however, check contractual deadlines and the specific graduated provisions.
- Must a rent increase for graduated rent be announced separately?
- In graduated rent, increases are often contractually fixed; an additional formal announcement is not always required if the schedule is clearly described.
- What form must a valid termination take?
- The termination must be in writing and personally signed (§ 568 BGB).
How-To
- Check the lease immediately and mark graduated stages and notice periods.
- Gather evidence for the rent increase and create a simple cost calculation.
- Draft the termination in writing, state the date and the lease to be terminated and sign personally.
- In case of legal uncertainty contact the competent local court or an official advisory service.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB): Mietrecht §§535–580a
- [2] Bürgerliches Gesetzbuch (BGB): §568 Written form of termination
- [3] Federal Court of Justice (BGH): Information and decisions on tenancy law
