Tenant Termination in Germany

As a tenant in Germany you can give ordinary notice of your tenancy without immediately needing a lawyer. This guide explains clearly and practically which deadlines apply, how to draft the notice in writing, which records you should collect and how to respond to queries or counteroffers. We show which rights and duties arise from §§ 535–580a BGB ^[1], how to calculate deadlines and when a conversation with the landlord makes sense. We also explain which official forms or proofs may be relevant in court and how to avoid or defend against a possible eviction proceeding at the local court. The goal is: terminate safely, on time and without unnecessary costs.

What does ordinary termination mean?

An ordinary termination by the tenant ends the tenancy subject to contractual or statutory deadlines. Tenants usually do not need to state a reason; however the termination must be in writing and must reach the landlord.

Preparation: Checklist before sending

• Check deadlines (observe statutory and contractual notice periods).
• Ensure written form: prepare a signed termination letter.
• Gather evidence: rent payments, correspondence and photos as proof.
• Plan handover appointment and prepare a protocol.
• Contact the landlord to discuss options such as a replacement tenant or arrangements.

Practically this means: calculate the deadline, sign the letter by hand, and ensure verifiable delivery (e.g. handover with receipt or registered mail).

Formal requirements and templates

There is no single official state form for ordinary termination; however the declaration must be in writing and signed by you. A simple termination letter includes: your details, the flat address, date, notice period and your signature. Example: "I hereby terminate the tenancy as of DD.MM.YYYY." Include copies of rent payments and a proof of delivery.

What to do in case of dispute or if the landlord disagrees?

If the landlord disputes the termination or the tenant does not vacate on time, tenancy disputes are generally handled by the competent local court (Amtsgericht) ^[2]. Before initiating court proceedings, check for formal defects in the termination and consider an amicable solution, such as arranging a handover date or finding a replacement tenant.

How-To

1. Check the deadline: determine the contractual or statutory notice period and the exact end date of the tenancy.
2. Write the termination: draft the termination in writing with date and handwritten signature.
3. Ensure delivery: hand over the termination against receipt or send registered mail with return receipt.
4. Collect evidence: keep records of rent payments, photos and correspondence.
5. If in dispute respond: contact the local court or seek legal advice if an eviction lawsuit is filed.

Key Takeaways

• Deadlines matter: calculate the termination date carefully.
• Documentation protects you: keep all receipts and prepare a handover protocol.
• Maintain written form: without a signed letter the termination can be invalid.

Frequently Asked Questions

How long is the notice period for tenants?

In most cases the notice period is three months, unless a shorter period is agreed in the contract.

Do I have to state a reason for termination?

As a tenant you usually do not have to provide a reason for an ordinary termination; a written declaration is sufficient.

What happens if I do not move out?

If the tenant does not vacate on time, the landlord can file an eviction claim with the competent local court ^[2].

Help and Support

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Federal Court of Justice - information and decisions
• General information on courts - Justice portal

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] BGH Mietrecht Decisions — Federal Court of Justice