Proving Regular Termination as a Tenant in Germany
As a tenant in Germany, you may need to prove a regular termination — for example because the landlord disputes the termination or deadlines are contested. This guide explains in practical terms which documents help, how to document terminations and which deadlines to observe. You will learn which forms and proofs are relevant, how photos, emails, handover protocols or witness statements are used and when a lawsuit at the local court (Amtsgericht) becomes sensible. The language remains clear so that you can take practical steps without legal background: from safely storing documents to submitting evidence. This strengthens your position in a dispute over a regular termination.
What does "regular termination" mean?
The regular termination is the normal ending of a tenancy by notice given in compliance with statutory or contractual deadlines. In many cases the legal basis is the regulation on termination in the provisions of the BGB, in particular § 573 on ordinary termination by the landlord.[1] As a tenant you can also terminate ordinarily; then it is often about clearly proving when and how the notice was delivered.
Important proofs you should collect
- Photos of defects, damages or the condition of the apartment at the time of termination
- Emails, SMS or registered letters with the termination text or delivery confirmations
- Handover protocols at move-in and move-out with signatures
- Witness statements: names and contact details of people who can confirm deliveries or conversations
- Receipts and payment records if rent payments or billing are disputed
How do I document a termination correctly?
Practically, you should have each termination in writing if possible. For postal delivery, registered mail with acknowledgement of receipt or handover against receipt are recommended. For electronic communication, save copies, metadata (date/time) and secure screenshots. Notices and landlord responses should be kept in a clear folder structure, ideally both digitally and on paper.
Forms and official aids
Standard termination templates can be helpful, but there is no nationwide mandatory "termination form"; what matters is a clear text with address, date, signature and the termination date. For court proceedings, forms or templates of the responsible local court can be useful. For questions about procedural routes, the Code of Civil Procedure (ZPO) is relevant.[3]
FAQ
- What is a regular termination?
- The regular termination ends a tenancy by complying with contractual or statutory deadlines; § 573 BGB is central for landlord terminations.[1]
- Which proofs are most helpful?
- Photos, handover protocols, emails/SMS, registered letters and witnesses are often decisive; payment records clarify financial disputes.
- Which court should I file a claim with?
- Tenancy disputes are usually heard in the first instance at the local court (Amtsgericht); there you can pursue eviction claims or other civil law claims.[4]
How-To
- Within 14 days: secure all existing documents and take photos of the apartment condition.
- Create copies of all letters and save emails as PDFs with date and sender.
- Record witnesses with contact details and a short note of their observations.
- Document defects: record damage and notifications to the landlord so that possible rent reductions or complaints are provable.[2]
- Consider court steps: if the landlord disputes the termination, contact the local court or use a complaint/claim form if necessary.
Help and Support
- [1] §573 BGB - Termination of the tenancy
- [2] §536 BGB - Rent reduction
- [3] Code of Civil Procedure (ZPO) - Procedural law
- [4] Federal Court of Justice (BGH) - Case law and guidance
