Tenant Immediate Termination in Germany
As a tenant in Germany, an immediate termination can be a necessary response when the apartment becomes uninhabitable or the landlord seriously breaches obligations. This page explains when an immediate termination is legally possible, which evidence you should collect, how to submit the termination correctly and which deadlines apply. I describe concrete steps, sample texts for termination letters and which courts are competent if an eviction process arises. The goal is to help tenants in clear language to act quickly and legally securely to minimize risks such as rent obligations or counterclaims. Expect practical advice, official sources and a short FAQ.
When is immediate termination possible?
An immediate termination is only permissible in particularly serious cases. Typical examples include:
- continued non-payment of rent despite reminder and set deadline
- serious defects that significantly impair usability (e.g., heating failure in winter, severe mold)
- danger to health or safety due to illegal use or gross breaches by the landlord
Procedure as a tenant
Proceed in a structured manner: collect evidence, set deadlines, give written notice and submit the termination in the correct form. Short, clear documentation increases your chances in court.
- Collect photos, defect reports, correspondence and witness statements as evidence
- Give the landlord a reasonable written deadline to remedy the defect and document delivery
- Draft the termination letter clearly: reason, date, deadline and note about immediate termination
- Delivery and proof: send by registered mail or use a personal handover protocol
Legal basis
The main provisions can be found in the German Civil Code (BGB) on tenancies and termination and in the Code of Civil Procedure (ZPO) for court proceedings. If in doubt, check whether the requirements for extraordinary termination are met and what consequences incorrect action may have[1][2].
FAQ
- When can I terminate immediately?
- You can terminate immediately if continuing the tenancy is unreasonable due to an important reason, for example persistent non-payment of rent or serious health hazards due to defects.
- How must the termination be made?
- The termination should be made in writing, state the exact reason and, where possible, provide evidence. Keep proof of delivery.
- Do I have to observe deadlines?
- Yes. Immediate termination has tight practical requirements: in many cases a prior warning or a reasonable deadline to remedy the defect is required, except in particularly serious misconduct.
How-To
- Describe the defect or breach in writing and set a deadline for remedy.
- Collect evidence: photos, messages, witnesses and receipts.
- Draft a short sample letter with date, address, reason for termination and signature.
- Send the termination with proof of delivery (registered mail or personal handover with protocol).
- If the landlord objects or refuses to vacate, consider legal action before the competent local court.
Key Takeaways
- Immediate termination is only justified for serious reasons.
- Complete evidence and documentation are crucial.
- Form and proof of delivery affect your legal position.
Help and Support / Resources
- German Civil Code (BGB) — Gesetze im Internet
- Code of Civil Procedure (ZPO) — Gesetze im Internet
- Federal Court of Justice (BGH) — Decisions
