Prove Tenancy Termination as Tenant in Germany

As a tenant in Germany, it is important to know how to prove an ordinary termination, whether you are giving notice yourself or a termination is contested. This guide explains in clear, practical language which types of evidence (correspondence, handover records, witnesses, payment receipts) are relevant, which deadlines apply and which courts are competent in disputes. You will learn how a legally effective termination letter should look, what formal requirements the law sets out and how to organize documents so you are prepared even without a lawyer. At the end you will find a step-by-step guide, helpful authority links and the relevant legal sources.

Which evidence counts?

For an ordinary termination, it is essential to document clearly and without gaps what happened and when. Common forms of evidence include:

• Correspondence with the landlord (emails, letters, termination letter).
• Receipts and bank statements showing payment dates and deposit refunds.
• Photos of the condition and defects at handover or move-out.
• Witness statements from neighbors or tradespeople who confirm appointments.
• Handover records and move-out agreements.

Form, deadlines and legal basis

An ordinary termination must be in writing and signed by the terminating party; the rules are set out in the German Civil Code (BGB).^[1] Pay attention to the contractually agreed notice periods and to when the letter must be received. Keep originals and verifiable copies (registered mail, handover receipts). For residential tenancies, §§ 535–580a BGB regulate central rights and duties.

If the landlord objects or eviction is threatened

If the landlord challenges the termination or asserts counterclaims, the local Amtsgericht and, if applicable, higher instances are usually responsible.^[2] In litigation, the rules of the Code of Civil Procedure (ZPO) apply, for example on evidence and deadlines.^[3] Typical steps in a dispute:

• Find out the local jurisdiction of the Amtsgericht.
• Submit all relevant documents sorted and numbered.
• Contact free advice centers or tenant counseling if needed.

FAQ

Can I enforce an ordinary termination as a tenant without a lawyer?

Yes, many terminations can be enforced with complete documentation and a correct termination letter without a lawyer; for complex disputes legal advice is advisable.

Which evidence is most persuasive?

Written terminations, receipts of delivery, bank statements, handover records and photos are particularly persuasive.

Where do I turn if the landlord sues?

In most cases the local Amtsgericht is responsible; appeals go to the Landgericht and possibly the Federal Court of Justice (BGH).

How-To

1. Draft the termination in writing and sign it personally.
2. Observe the contractually agreed and statutory notice periods.
3. Collect evidence: emails, photos, receipts, handover records.
4. If there is a dispute, file the documents with the competent local court.

Help and Support / Resources

• Gesetze im Internet – BGB and ZPO
• German Justice – information on courts
• Federal Court of Justice (BGH) – decisions

1. [1] German Civil Code (BGB), §568 Termination of tenancy
2. [2] Information on courts and jurisdictions, German Justice
3. [3] Code of Civil Procedure (ZPO), procedural rules