Tenant Termination After Modernisation in Germany
As a tenant in Germany, you often face questions during modernisation works: When can you terminate, what deadlines apply and which forms do you need? This guide explains clearly what rights and duties tenants have, how to submit a timely termination after modernisation correctly and which proofs are helpful. You will learn step by step how to check deadlines (deadline), collect evidence (evidence) and serve the termination validly. I also show which courts are competent and where to find official forms. All information is based on German law and refers to relevant paragraphs and authorities so you can act with confidence.
When does termination after modernisation apply?
Tenant termination is possible if the modernisation significantly impairs the use of the apartment or makes it unreasonable. The scope of the work, duration of the impairment and concrete burdens such as lack of heating or substantially reduced living space are decisive. Legal foundations can be found in the BGB, especially regarding written form and deadlines.[1]
Deadlines, form and evidence
Three points are important: complying with the notice period, the written form and sufficient evidence. The termination must be in writing and personally signed. State the reason and the affected periods in the letter. Collect photos, defect reports to the landlord and, if necessary, medical or expert reports as proof.
- Check the statutory notice period (deadline) and any deadlines in the lease agreement.
- Prepare a written termination letter (form) with your signature.
- Collect evidence: photos, emails to the landlord and defect logs (evidence).
- If necessary, prepare documents for the local court (court).
What a termination letter can look like
There is no binding official form for tenant termination, but written form is required. In the letter, include: your address, date, rental property address, clear notice of termination, reason (e.g. prolonged unreasonable impairment due to modernisation), desired termination date and your signature. Example: "I hereby terminate the tenancy for the apartment Musterstraße 1, 12345 City, on DD.MM.YYYY due to prolonged unreasonable impairment from modernisation works." Attach evidence as enclosures.
If the landlord objects or there is a dispute
If the landlord does not respond or objects to the termination, you may consider legal steps. Local courts (Amtsgerichte) are generally competent for tenancy disputes; higher instances include regional courts and the Federal Court of Justice.[3] Check whether legal aid (PKH) is an option and use official application forms if necessary.[2]
Frequently Asked Questions
- Can I terminate as a tenant because of modernisation?
- Yes, if modernisation substantially restricts the use or is unreasonable; document impairments and terminate in writing.
- Does the termination need to be justified?
- A justification is recommended because it documents your reasons and helps in a possible dispute; written form is mandatory.
- Which authority handles disputes?
- Local courts (Amtsgerichte) are usually responsible for tenancy disputes; higher instances include regional courts and the Federal Court of Justice.
How-To
- Check deadlines immediately and note relevant dates (deadline).
- Write the termination letter, state the reason and sign it (form).
- Gather all evidence: photos, messages to the landlord and logs (evidence).
- Send the termination by registered mail or with proof of delivery and keep the receipt (form).
- If necessary, prepare documents for proceedings and contact the competent local court (court).
Help and Support / Resources
- [1] Civil Code (BGB) §§535–580a
- [2] Federal Service Portal (forms, e.g. legal aid)
- [3] Federal Court of Justice (BGH) – tenancy law decisions
