Tenant Notice: Proper Termination in Germany 2025

As a tenant in Germany, it is important to draft a proper notice of termination that is legally secure. This guide explains step by step which details must be included in the termination letter, which deadlines apply and how to correctly name the recipient. Practical sample texts, notes on handover appointments and information on returning keys help you avoid costly mistakes. We show when a tenant's termination becomes effective, which legal bases are relevant (BGB §§ 535–580a)^[1] and how to use official forms. The language remains simple, examples are practical, and at the end you will find notes on courts and complaints. If you are unsure, follow the practical steps below or contact your local district court.

When can a tenant give ordinary notice?

An ordinary termination by the tenant is possible when the tenancy has a fixed or indefinite term and the contractual or statutory deadlines are observed. As a rule, the statutory notice period for residential tenancy relationships is three months if nothing else is agreed in the tenancy agreement.

What belongs in the termination letter?

The termination letter should be clear and complete. The following information is minimally required for the termination to be effective:

• Full name and current address of the tenant.
• Address of the rental apartment (street, house number, apartment number if applicable).
• Date of the letter.
• Clear declaration of termination with indication of the termination date.
• Handwritten signature of the terminating tenant.

Forms and samples

There is no state-mandated template for a tenant termination, but sample texts help with wording. Official information on legal provisions can be found in the relevant sections of the BGB.^[1] For further legal questions, decisions of the Federal Court of Justice may provide orientation.^[2]

Deadlines, handover and mail forwarding

Observe the notice periods in the tenancy agreement or the statutory period. Arrange a documented handover appointment for the keys and document the condition of the apartment with photos. If you expect mail from the landlord, set up mail forwarding or inform your new address in writing.

FAQ

Can I move out before the notice period expires?

Yes, you can move out earlier, but the termination remains effective until the end of the period; clarify arrangements for early takeover with the landlord.

Must the termination be sent by registered mail?

The termination does not have to be sent by registered mail, but proof of receipt is recommended; many tenants use registered mail with return receipt or personal handover with a receipt confirmation.

What role does tenant protection play in case of defects?

In case of serious defects, special rights such as rent reduction or extraordinary termination may apply; check the conditions and document defects carefully.

How-To

1. Choose a template: Use a clear sample or formulate briefly and clearly.
2. Check details: Enter names, addresses, date and desired termination date.
3. Sign: Do not forget the handwritten signature.
4. Secure delivery: Use registered mail or personal handover with receipt confirmation.
5. Arrange handover: Record defects and the key handover appointment.
6. Keep records: Keep copies, photos and handover protocols for at least one year.

Objection, eviction suit and court

If a dispute arises, the district court (Mietgericht) is the first instance for residential tenancy matters; for questions about district court decisions, higher regional courts and the Federal Court of Justice may be relevant.^[2]

Notes on costs and return of the deposit

• Return: The landlord must return the deposit after termination of the tenancy and after settlement of service charges.
• Accounting: Request a written settlement of utility charges.

Relevant legal texts

Relevant legal bases are regulated in the German Civil Code (BGB) in §§ 535–580a.^[1] Pay attention to deadlines and formal requirements to avoid making your termination contestable.

Key Takeaways

• Termination letter must be clear, complete and signed.
• Observe deadlines and prove delivery.
• Keep documentation (photos, protocols, receipts).

Help and Support / Resources

• gesetze-im-internet.de – texts of the BGB
• Federal Court of Justice (BGH) – decisions
• Federal Ministry of Justice – forms and information

1. [1] § 535 BGB – Content of the tenancy agreement
2. [2] Federal Court of Justice (BGH) – Decisions
3. [3] Federal Ministry of Justice – Forms and information