Special Termination Rights for Tenants in Germany

As a tenant in Germany, you can use special termination rights in certain cases — for example, in the event of serious defects, intolerable health hazards, or an immediate termination by the landlord. This article clearly explains when a special right to terminate exists, which deadlines apply, how to draft a legally secure termination letter and which official forms or authorities may be involved. You will receive a template for a termination letter, practical steps for documenting defects and guidance on possible court proceedings before the local court. The language remains simple so you can understand your rights as a tenant and avoid mistakes when terminating. At the end you will find a short checklist with deadlines and contact points so you can act quickly.

When does the special right to terminate apply?

A special right to terminate allows tenants to terminate outside normal deadlines if there are serious reasons. Typical cases are serious defects that endanger health or if the landlord seriously breaches the contract. The legal basis includes provisions of the Civil Code (BGB) on landlord duties and extraordinary termination.^[1]

Important deadlines and service

For an extraordinary termination, you must observe deadlines and formal requirements. The termination should be in writing and clearly state the reason. In urgent cases an immediate termination may be possible; check the statutory conditions.

Sample termination: form and example text

There is no central official form for tenant termination; the termination is generally a written document with date, address, rental contract details and a clear statement that you terminate extraordinarily. Below is a clear template you can adapt:

Template:
I hereby terminate the rental agreement dated [date] for the apartment [address] extraordinarily and without notice due to significant, unremedied defects (description: e.g., mold infestation, persistent water damage). I set a deadline for vacating on [date] or alternatively declare termination at the next possible date.

Documentation: securing evidence

Good documentation increases your chances of success. Collect photos, email correspondence, defect notices and witness statements. A dated defect log is especially helpful.

• Take photos and create dated defect reports.
• Send a written defect notice to the landlord and document receipt.
• Contact local advisory services or the district court if it is unclear whether the requirements are met.

If it goes to court

In disputes, tenancy cases are usually heard in the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH) for legal questions and precedents.^[2][3]

How-To

1. Check deadlines: determine whether an extraordinary reason exists and which deadlines apply.
2. Document defects: collect photos, reports, witness statements and emails as evidence.
3. Create a template termination letter: include date, contract details and clear reasons plus enclosures.
4. Ensure service: send the termination by registered mail or deliver it personally with a receipt.
5. If disputed: consider proceedings at the local court and seek legal advice if necessary.

Checklist: immediate steps

• Set a deadline and notify the landlord of the defect in writing.
• Take photos and name witnesses.
• Fill out and sign the sample termination letter.
• Seek advice from the local court or tenant advisory service.

FAQ

When can I terminate extraordinarily as a tenant?

If there are serious reasons, such as significant health hazards or if the landlord has seriously breached duties. Check the specific requirements and document everything.

Do I have to inform the landlord before terminating?

Yes: in most cases you should inform the landlord in writing about defects and set a deadline for remedy before terminating extraordinarily.

Where do I turn in case of dispute?

Tenancy disputes are usually handled by the local court; for legal questions, a lawyer or local tenant advisory service can help.

Help and Support

• Contact your local district court for information.
• Check information from the Federal Ministry of Justice and Consumer Protection.
• Consult BGH case law or seek legal assistance for complex cases.

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1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) – Procedural rules
3. [3] Federal Court of Justice (BGH) – Decisions on tenancy law
4. [4] Federal Ministry of Justice and Consumer Protection – Information