Tenant Termination Agreement Guide in Germany

As a tenant in Germany, you may face the choice of whether a termination agreement (Aufhebungsvertrag) is preferable to a notice. This guide explains, in plain language, when negotiations make sense, which deadlines you must observe, and how to use templates and official forms effectively. I show practical steps for documenting defects, drafting clear agreements, and ensuring timely submission. The goal is that you, as a tenant, understand your rights, avoid risks, and achieve a clear written arrangement that holds up in court if necessary.

What is a termination agreement?

A termination agreement is a mutual agreement between tenant and landlord to end the tenancy. Unlike a unilateral notice, both parties must consent. For tenants, it can make sense if you want to move out sooner or if a settlement reduces costs and uncertainty. Always check which obligations (e.g., rent payments until the agreed end, return of the flat) are recorded in writing and specify exact dates and deadlines.^[1]

When is it worth negotiating?

Negotiating is useful if you want to buy time, propose a replacement tenant, settle renovation costs, or negotiate compensation. Ensure no verbal promises are treated as binding; get all points in writing. Also clarify whether timely submission to the landlord is required or whether both parties can sign immediately.

• Check deadlines for vacating and handover of the flat precisely.
• Request a written template or form for the agreement.
• Arrange repairs and renovation responsibilities in a binding way.
• Agree on deposit handling and any compensation payments.

Formal requirements & useful templates

A termination agreement does not require a special form, but for evidentiary reasons a written, dated, and signed agreement by both parties is recommended. Specify clearly: termination date, handover appointment, rules on the deposit and any payments, and agreements on cosmetic repairs. If you need assistance with court costs, an application for legal aid may be relevant; check with the court.^[2]

Negotiation tips

Prepare a clear list of your demands and arguments: flexible moving dates, financial compensation, takeover of small repairs, or permission to find a replacement tenant. Use documentation (photos, messages, invoices) as evidence. Propose concrete wording to reduce further negotiation.

Legal basis and court jurisdiction

The main tenancy law provisions are in the German Civil Code (BGB), especially regarding obligations of tenants and landlords.^[1] In disputes, the local court (Amtsgericht) is usually responsible; higher instances include the regional court and the Federal Court of Justice for precedents and appeals.^[3]

FAQ

Can a landlord force a termination agreement?

No, a termination agreement requires both parties' consent; a landlord can only unilaterally terminate via notice where legally permitted.

What happens to the deposit after a termination agreement?

Deposit return should be regulated in the agreement, including deadlines and possible deductions for damages.

How-To

1. First check the lease and legal deadlines to avoid conflicts.
2. Document defects and damages with photos and a record as evidence.
3. Draft the termination agreement in writing with date, move-out deadline, and deposit arrangements.
4. Seek legal advice if unclear or contact the local court for procedural questions.

Help and Support / Resources

• BGB §535 ff. — Gesetze im Internet
• ZPO — Gesetze im Internet
• Federal Court of Justice (BGH) — official site

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — official site