Tenant Notice: Template & Tips in Germany

When is an ordinary termination possible?

As a tenant in Germany, you can give an ordinary termination if you comply with the contractual or statutory notice periods and submit the declaration in writing. Tenancy law in the BGB regulates duties and notice periods for residential leases^[1]. If unsure, first check your lease agreement and note whether special rules such as a graduated rent (Staffelmiete) apply.

Form and content of the termination

The termination letter must be in writing and personally signed. For the form, § 568 BGB applies: the termination must be an explicit, signed declaration^[2]. Typical information in the letter includes:

• Date of the declaration and desired termination date or observance of the notice period
• Clear statement that you terminate the tenancy (e.g., "I hereby terminate...")
• Name and address of tenant and landlord
• Signature of the terminating tenant

Graduated rent (Staffelmiete): Avoid pitfalls

In graduated rent agreements, the rent increases at fixed times and amounts. Check whether the graduated rent clause is clear and whether an adjustment is only possible after the end of the fixed period. If you terminate before the end of a graduated rent period, document the calculation of the final monthly rent and any possible reimbursement claims.

Example: Sample termination letter

Below is a simple template you can adapt to your details:

Max Mustermann
Example Street 1
12345 Sampletown

Landlord GmbH
Landlord Street 2
12345 Sampletown

Place, Date

Subject: Termination of the lease dated [date] at the next possible date

Dear Sir or Madam,

I hereby terminate the lease for the apartment at Example Street 1, 12345 Sampletown, in due time for the next possible date. Please confirm receipt of this termination and the termination date in writing.

Yours sincerely,

Signature

What to do in case of dispute and which courts are competent?

In disputes over validity or deadlines, the local court (Amtsgericht) is usually competent; appeals go to the regional court (Landgericht) and ultimately the Federal Court of Justice for legal questions in tenancy law^[3]. Collect all relevant documents, records of defects and acknowledgements of receipt.

FAQ

Can I terminate without notice under a graduated rent agreement?

Termination without notice is only possible for serious reasons, such as the apartment becoming uninhabitable or the landlord grossly breaching the contract. Graduated rent alone usually does not justify termination without notice.

How long are notice periods for tenants?

Generally, tenants have a notice period of three months unless otherwise agreed in the lease; special cases may differ.

Is there an official template for termination?

There is no nationwide mandatory form for termination; what matters is the written, personally signed termination in accordance with § 568 BGB.

How-To

1. Check the notice period in your contract and determine the termination date.
2. Draft the termination letter with all required details and sign it personally.
3. Send the letter by registered mail with return receipt or hand it over against confirmation of receipt.
4. Keep copies and receipts; if a dispute arises, prepare documents for the competent local court.

Key Points

• The termination must be in writing and signed.
• Observe contractual or statutory notice periods.
• Document defects and communication thoroughly.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
• [2] § 568 BGB (termination declaration) – gesetze-im-internet.de
• [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] § 568 BGB (termination declaration) – gesetze-im-internet.de
3. [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de