Mutual Termination for Tenants in Germany

What is a mutual termination agreement?

A mutual termination agreement is a consensual arrangement between tenant and landlord to end the tenancy. Unlike a unilateral notice, it requires both parties' consent. Important points include the termination date, handling of the security deposit, possible compensations and handover procedures. Legal foundations can be found in the German Civil Code (BGB)^[1] and case law at the Federal Court of Justice (BGH)^[3].

What tenants should watch

Before signing, tenants should check that the agreement contains no disadvantageous side agreements and that deadlines are clearly defined.

• Document deadlines (deadline) for termination and handover.
• Specify the security deposit (deposit) and repayment terms.
• Prepare and sign a handover protocol (record).
• Use written form (form) and keep copies.

Typical contract structure

A simple template should include: parties, termination date, deposit arrangement, handover and liability clauses. Example clause: "The tenant and the landlord agree to terminate the tenancy on DD.MM.YYYY; the deposit will be settled as follows…"

How-To

1. Check your lease and the relevant sections of the BGB (see footnote).
2. Draft a clear template (form) with termination date, deposit and handover details.
3. Propose the agreement to the landlord in writing and negotiate changes if needed.
4. Obtain dated signatures from both parties on the document.
5. Keep the signed copy and the handover protocol.

When to seek legal help

If landlords apply pressure, set unilateral deadlines or demand unfair compensations, seek legal advice. Local courts (Amtsgericht) decide tenancy disputes; procedural questions are governed by the German Code of Civil Procedure (ZPO)^[2], and fundamental issues are informed by BGH rulings^[3]. Eviction actions are handled by the local court (Amtsgericht)^[4].

FAQ

What is a mutual termination agreement?

A consensual agreement to end the tenancy that requires the consent of both parties.

Does the agreement have to be written?

Written form is recommended; a signed agreement is clearer as evidence in disputes.

Can I withdraw after signing?

Withdrawal after signing is only possible by explicit agreement or special statutory reasons.

Help and Support / Resources

• Federal Ministry of Justice – Forms and information
• Gesetze im Internet – BGB and ZPO
• Federal Court of Justice – Decisions

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – Decisions
4. [4] Federal Ministry of Justice (BMJ) – Forms and guidance