Special Termination Rights for Tenants in Germany

As a tenant in Germany, you may be able to use a special termination right in certain circumstances, for example in the case of serious defects, an unreasonable living situation, or after an announced modernization with a rent increase. This guide explains in plain language which legal bases apply, how to check deadlines, which forms and template letters are useful and which evidence you should collect. You will receive practical steps for writing a legally compliant termination, advice on behaviour towards the landlord and information on when a court (local court) becomes competent. Concrete examples, a checklist and information on official forms help you avoid mistakes and enforce your rights in Germany securely.

When does the special termination right apply?

In special situations a tenant can terminate extraordinarily if continuation of the tenancy is unreasonable. Typical legal bases are the general tenancy regulations in §§ 535–580a BGB and the rules on extraordinary termination in § 543 BGB^[1]. For court steps, such as an eviction claim, the procedural rules of the Code of Civil Procedure (ZPO) apply^[2].

Typical reasons

• Serious defects to heating, water or mould (heating, water, mold)
• Announced rent increase or unlawful charges (rent increase)
• Repeated unauthorised entries by the landlord (entry)
• Repeated breaches of deadlines after a warning or repair notice (deadline)

Which deadlines and form requirements matter?

Observe the statutory deadlines and the form of termination. For extraordinary termination, a specific deadline is often not required, but the declaration should be made promptly after becoming aware of the reason. For ordinary terminations, contractually and legally determined notice periods apply.

• Check deadlines immediately after the reason occurs (deadline).
• Send or hand over a written termination with signature (form).
• Collect evidence: photos, defect reports, payment receipts (document, photo).

Which wording helps? Use clear sentences: name the reason, state the date on which the termination should take effect (if relevant), and refer to prior defect notifications if applicable. A template termination letter makes correct wording easier.

Practice: templates and sample letter

A simple, legally compliant sample termination letter includes your contact details, the rental address, the date, the type of termination (extraordinary or ordinary), a short justification, the desired termination date and your signature. Use this template as a basis and adapt it to your facts. Send the termination by registered mail with proof of delivery or hand it over against a confirmation of receipt.

FAQ

Can I move out immediately if I terminate extraordinarily?

An extraordinary termination does not automatically end the tenancy immediately; state the desired end date in your letter and document the reason carefully.

Which courts are competent in disputes?

Tenancy disputes are usually handled by the local court; appeals go to the regional court and possibly the Federal Court of Justice as a revision instance^[3].

Which forms do I need immediately?

For termination itself a written letter is sufficient. For court proceedings courts use their own forms; for payment disputes a writ for a payment order may be initiated.

How-To

1. Document the termination reason with photos, messages and dates.
2. Draft a written termination letter and state the desired end date.
3. Send the termination with proof of delivery (registered mail) and observe notice periods.
4. Contact local advisory services or the local court for procedural details if unsure.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Bundesgerichtshof – Decisions and information
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Gesetze im Internet – §543 BGB (Extraordinary termination)
2. [2] Gesetze im Internet – Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice – Decisions and information