Tenant Termination Notice in Germany

As a tenant in Germany, an ordinary termination may be necessary if you want to move out or need to act because of changes in the rental relationship. This guide explains clearly which proofs are useful, what a sample termination letter can look like, and which deadlines apply. You will receive concrete advice on how to collect evidence, which legal bases are relevant, and how proceedings before the local court may proceed. The language is kept simple so you can quickly implement which steps are necessary, which deadlines you should observe and which official bodies you can contact.

What is an ordinary termination and which rules apply?

An ordinary termination is a unilateral declaration that ends the tenancy in compliance with contractual or statutory deadlines. For most residential tenancies, the relevant provisions are found in the Civil Code (BGB), in particular §§ 535–580a.^[1] Terminations must be in writing and signed by the terminating party.

Which deadlines and formal requirements are important?

Standard notice periods for tenants are usually three months unless the lease provides otherwise. Pay attention to whether your contract contains deviating deadlines or special rules. The date of receipt by the landlord counts for compliance with deadlines.

How do you prove the ordinary termination? Documentation and evidence

Keep the following documents ready: the signed termination letter, postal delivery receipts or witness confirmations, handover records and photos of the apartment condition. These documents help avoid misunderstandings and are important if a legal dispute arises.

Sample: Simple termination letter (example)

There is no nationwide "form" for tenant terminations; the letter can be informal but must be in writing and signed. A simple sample can look like this:

• I hereby terminate the tenancy of the apartment Musterstraße 1, 12345 Musterstadt, in due time at the next possible date.
• Please confirm receipt of this termination and the termination date of the tenancy in writing.
• Sincerely, [Signature] [Name] [Date]

If there is a dispute: court and procedure

Disputes about termination or surrender of the apartment are usually dealt with by the competent local court; claims are governed by the rules of the Code of Civil Procedure (ZPO).^[2] If an eviction proceeding becomes necessary, a lawsuit is often required.

Tips for correspondence and delivery

Send the termination by registered mail with return receipt or hand it over against a confirmation of receipt to document delivery. If possible, make copies and keep all receipts.

FAQ

Can I as a tenant terminate ordinarily at any time?

Yes, in principle a tenant can terminate ordinarily if they comply with the contractual or statutory deadline and form requirements.

Do I have to state a reason?

For an ordinary termination a tenant usually does not have to state a reason, unlike an extraordinary termination for cause.

How do I prove receipt of the termination?

Use registered mail with return receipt or a written confirmation of receipt by the landlord as proof.

How-To

1. Check the lease for deadlines and special provisions first.
2. Draft the termination letter in writing, sign personally and date it.
3. Send the termination by registered mail with return receipt or hand it over against confirmation of receipt.
4. Document the condition of the apartment and the handover with photos and a protocol.
5. If there is a dispute: inform the competent local court and check legal actions under the ZPO.

Help and Support / Resources

• Civil Code (BGB) - gesetze-im-internet.de
• Code of Civil Procedure (ZPO) - gesetze-im-internet.de
• Federal Court of Justice (BGH) - bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Federal Ministry of Justice - bmj.de
4. [4] Federal Court of Justice (BGH) - bundesgerichtshof.de