Tenant Termination Letter Checklist Germany
As a tenant in Germany you need a clear, signed termination letter when you want to give ordinary notice. This guide explains in plain language which details must appear in the letter, which deadlines apply and how to document delivery securely. You get a practical checklist and a simple template that follows the legal requirements, plus advice on what to do if problems arise with the landlord or delays occur. The goal is that you submit your termination on time, collect evidence and, if necessary, proceed in a legally robust way.
When is an ordinary termination possible?
An ordinary termination by the tenant is generally possible without stating reasons, unless the contract or law provides otherwise. Observe the contractual notice periods and statutory provisions in §§ 535–580a BGB[1]. Special rules apply for furnished or fixed-term tenancies.
How do I draft the termination letter?
A complete termination letter should contain the following points: the tenant's name and address, the landlord's name and address, exact description of the flat, date, a clear termination declaration with the contract end date and the handwritten signature.
- Full name and current address of the tenant.
- Address of the landlord as stated in the rental agreement.
- Clear wording: "I hereby terminate the tenancy agreement as of [date]".
- The date of termination and the tenant's signature.
Deadlines and delivery
The statutory notice period for tenants depends on the rental agreement; otherwise the statutory periods apply. Send the termination by registered mail with return receipt or deliver it personally against a signed receipt to prove delivery. If you are unsure about receipt, document date and circumstances of delivery and, if necessary, obtain witnesses.
What to do if problems occur after termination?
If the landlord objects, requests retroactive corrections or delays the return of the deposit, document all communication in writing. In court disputes the local courts (Amtsgerichte) are usually responsible and appeals go to regional courts; key Federal Court of Justice (BGH) decisions shape case law[2][3].
Frequently Asked Questions
- Which notice period applies if my lease does not specify one?
- Typically the statutory notice period applies, which is regulated in the rental contract or under the BGB; check §§ 535–580a BGB[1].
- How can I prove delivery?
- Send the termination by registered mail with return receipt or hand it over personally against a signed receipt.
- What if the landlord does not return the deposit?
- Request payment in writing and set a reasonable deadline; if payment is not made, you can seek legal advice or bring an action at the competent local court (Amtsgericht).
How-To
- Check your rental agreement for notice periods and special terms.
- Draft the termination letter completely and include the date.
- Sign by hand and make a copy.
- Send the letter by registered mail with return receipt or hand it over against a signed receipt.
- Keep all receipts, photos and messages as evidence.
- Seek advice or contact the competent local court if disputes arise.
Key forms and templates
There is no mandatory nationwide standard form for an ordinary termination by a tenant; an informal, handwritten signed letter is sufficient in most cases. For eviction actions or formal procedures specific applications under the Code of Civil Procedure (ZPO) may be relevant. Use official law texts and authority guidance for precise wording and templates[1].
Help and Support / Resources
- [1] Gesetze im Internet: BGB
- [2] Justice Portal of the Federal Government and the Länder
- [3] Federal Court of Justice (BGH)
