Tenant Termination 2025: Rights in Germany
As a tenant in Germany you can give or receive an ordinary termination for different reasons — important are the deadlines, form and correct written communication. This guide explains clearly when an ordinary termination applies, how to draft a legally secure termination letter, which forms or proofs help and which deadlines must be observed. We cover common mistakes that can make terminations invalid and show how you can assert your rights against the landlord — for example when returning the flat, settling the deposit or in a dispute before the local court. Practical checklists and notes on official forms complete the text. Read the examples and use the templates to avoid mistakes. If in doubt, consult a tenants' association or the local court.
What is an ordinary termination?
An ordinary termination ends the tenancy while respecting the contractual or statutory notice period. For the legal basis see the tenancy provisions in the German Civil Code (BGB)[1]. A tenant's ordinary termination can usually be given without special reasons provided the agreed or statutory notice period is met.
Deadlines and form
Observe the notice periods and formal requirements: the termination must be in writing and signed by the person giving notice. Different notice periods apply depending on contract duration and agreement.
- Check the contractual and statutory notice period; deadlines determine when the tenancy ends.
- The termination must always be in writing and signed by hand.
- Keep a copy of the letter and proof of delivery.
Contents of a termination letter
A clear termination letter includes: tenant and landlord names and addresses, an explicit termination declaration, the notice period or end date, date and signature. There is no mandatory official form for tenant terminations, but simple templates help avoid mistakes.
- Wording: "I hereby terminate the tenancy for the flat ... effective ...".
- Specify the exact end date if you know the deadline.
- Do not forget the signature; electronic signatures are generally not sufficient.
Delivery and proof
Send the termination preferably by registered mail with return receipt or hand it over against a receipt. A proof of delivery can be decisive in case of dispute. If delivery is uncertain, document carefully.
Avoid common mistakes
- Missing signature: a handwritten signature is often missing and can invalidate the termination.
- No proof of delivery: without proof it is difficult to show the landlord received the termination.
- Missed deadlines: always check the start and end of the notice period.
FAQ
- Can I as a tenant give ordinary notice at any time?
- Yes, as a tenant you can usually give ordinary notice provided you respect the contractual or statutory deadlines and the termination is in writing.
- Is an informal letter sufficient?
- No, the termination must be in writing and signed by hand; e‑mails or text messages are generally not sufficient.
- What if the landlord disputes the termination?
- Keep proofs of delivery and seek advice from the local court or legal counsel; court proceedings follow the rules of the Code of Civil Procedure (ZPO)[2].
How-To
- Draft a clear termination letter including all address and contract details.
- Sign the letter by hand and date it.
- Send the termination by registered mail with return receipt or hand it in against a receipt.
- Keep copies and delivery proofs and document the handover of the flat.
Court procedures
If a dispute arises about the validity of the termination, local courts (Amtsgerichte) handle tenancy cases; appeals go to the regional court and potentially to the Federal Court of Justice (BGH) for fundamental legal questions[3]. Procedural deadlines and formal rules of the ZPO apply.
Help and Support / Resources
- Bundesgerichtshof (court) – Case law on tenancy
- Gesetze im Internet – German Civil Code (BGB) §§ 535–580a
- Gesetze im Internet – Code of Civil Procedure (ZPO)
