Termination Agreement Checklist for Tenants in Germany

What is a termination agreement?

A termination agreement ends the tenancy by mutual consent between tenant and landlord. Unlike a unilateral notice, rights and obligations are often individually negotiated. Read carefully which obligations you assume and whether the agreement contains provisions on rent or additional claims. Legal foundations for tenancy law can be found in the German Civil Code (BGB).^[1]

Why be especially careful with index-linked rent?

With index-linked rent, the rent is tied to a price index; changes can automatically affect your burden. A termination agreement can change or cancel the index clause and thus affect future rent payments. Check whether a new calculation method or a back payment is provided for in the contract and seek advice if in doubt.

Checklist for tenants

• Check whether an index-linked rent (rent) is agreed and how the index is calculated.
• Request all contract documents; note changes and request official forms (form).
• Pay attention to deadlines (deadline): revocation, termination periods and contestation deadlines.
• Collect evidence (document): correspondence, photos and payment records.
• Clarify possible legal consequences (court) before signing, e.g. eviction claims or claims under the BGB.

Forms and examples

Important forms related to tenancy disputes include applications under the Civil Procedure Code (ZPO) for lawsuits and dunning procedures. Use official templates or information from the judiciary and note exact dates and deadlines when filling them out.^[2]

What to do in case of problems?

If you are unsure, do not sign immediately. Document the situation, request written explanations from the landlord and seek advice early. In lawsuits, the local district court (Amtsgericht) is usually responsible; tenancy disputes are heard there.^[3]

FAQ

Can I revoke a termination agreement?

A revocation is only possible in narrow statutory cases; check revocation rights and deadlines or have a contestation legally reviewed.

Does a termination agreement affect my rights with index-linked rent?

Yes. A termination agreement can change existing index clauses and restrict rights; read the clauses carefully.

Which court should I contact for a tenancy dispute?

The local district court is usually responsible for the first instance; higher courts may be the regional court or the Federal Court of Justice.

How-To

1. Read the agreement carefully and mark problematic clauses (contact).
2. Request copies and official forms (form) from the landlord and note receipt times.
3. Check all deadlines (deadline) and, if necessary, file objections or contestations within the periods.
4. Document defects, payments and correspondence (document) systematically.
5. If necessary, consult the local district court or legal advice and submit documents (court).

Help and Support / Resources

• German Civil Code (BGB) — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Information on courts — justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Justizinformationen zu Gerichten — justiz.de