Tenant Special Termination Rights in Germany

The special termination right allows tenants in Germany to end a lease before the regular notice period for particular reasons. Typical cases include significant defects, health hazards such as persistent mold, unreasonable rent increases or serious breaches by the landlord. This article explains which legal rules in the BGB apply, which deadlines to observe, how to collect evidence and how a sample termination letter should be structured. It also describes which local courts are competent in disputes and which official forms authorities provide. The guide is aimed at tenants without legal training and shows practical steps so you can act on time and with legal certainty. At the end you will find a clear sample for download and tips for sending.

When does the special termination right apply?

A special termination right exists when circumstances make it unreasonable to remain in the lease. This includes severe defects to the flat, health hazards from mold or significant and unjustified rent increases. In many cases the provisions in §§ 535–580a of the German Civil Code (BGB) are relevant.^[1]

Form and deadlines

The termination generally must be in writing and signed; e-mail alone is usually not sufficient. The deadline depends on the reason: for a justified special termination you may be able to terminate immediately or within a short period. Check the exact deadline in each case and keep records of all deadlines and delivery confirmations.^[1]

Sample termination

A practical sample termination letter includes tenant and landlord names and addresses, contract date, specific reason for termination, desired end date or "at the next possible date" and a request for written confirmation of receipt. Example text: "I hereby terminate the lease dated [date] extraordinary due to substantial defects (e.g. persistent mold) as of the next possible date. Please confirm receipt in writing." Send the termination by registered mail with return receipt or hand it over against a receipt.

• Document defects with photos, dates and witnesses.
• Inform the landlord in writing and set a remedy deadline.
• Write, sign and secure proof of delivery of the termination.
• If there is no reaction, record objections and consider legal steps.

Practical examples

1. Mold despite reporting: after repeated deadline setting, terminate and document handover.
2. Unreasonable rent increase: if formal requirements are missing, special termination may apply.

FAQ

What is the special termination right?

The special termination right allows tenants, under certain serious circumstances, to end the lease extraordinary.

Can I move out immediately?

Whether immediate moving out is possible depends on the reason and deadlines; often a deadline or prior deadline setting is required.

Do I need a lawyer?

Legal advice can be useful in complex disputes or eviction cases, but many steps can be prepared by tenants themselves.

How-To

1. Document defects completely (photos, dates, witnesses).
2. Inform the landlord in writing and set a reasonable deadline to remedy.
3. Write and sign the termination with date and reason.
4. Send the termination by registered mail with return receipt or hand it over against a receipt.
5. In case of further disputes, consider contacting the competent local court and prepare documents.

Help and Support

• Gesetze im Internet – BGB
• Justizportal – information on local courts
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – decisions and information