Simply lower the rent - without fear of the landlord

Reasons for termination—and why you're protected

Most landlords respond calmly and professionally when they receive a rent complaint. In rare cases, however, landlords try to find other reasons to terminate the lease. German tenancy law, however, sets strict limits on this.

Termination is only possible in certain cases specified by law.

A) The classic - "Eigenbedarf"

Many tenants are familiar with the concept of termination for personal use. However, it is often a source of concern. In reality, though, strict conditions apply.

Important to know: Commercial landlords—that is, companies or housing associations—cannot, in principle, claim personal use. This ground for termination applies only to private landlords.

However, even private landlords cannot simply terminate the lease. They must provide a clear explanation of:

• why the apartment is needed,
• who is supposed to move in,
• and why the move-in is necessary.

Personal use is only permitted for the landlord themselves, close family members, or members of their own household.

In addition, the following statutory notice periods apply:

• at least 3 months for shorter tenancies,
• up to 9 months for long-term tenancies.

Courts scrutinize terminations for personal use particularly carefully following a rent reduction. If personal use is merely a pretext—for example, in response to rent control measures—the termination may be invalid.

B) The dear money - payment arrears

Anyone who fails to pay their rent at all or pays only part of it for two consecutive months risks having their lease terminated.

Termination without notice is generally possible if:

• rent arrears amounting to two months’ rent accumulate, or
• rent is consistently paid significantly late.

The Federal Court of Justice has already classified repeated late payments as a serious breach of contract. Therefore, you should continue to pay your rent on time and in full, even during ongoing proceedings regarding the rent cap. The current rent and the dispute over the rent amount should always be treated separately.

C) The special one - serious breaches of the house rules

Serious breaches of duty can also justify termination. These include, for example:

• severe and persistent disturbances of the peace,
• threats against other residents,
• significant damage to property,
• or criminal offenses committed in the apartment.

In many cases, landlords must first issue a warning to the tenant. Only in cases of particularly serious incidents is immediate termination without notice an option. For ordinary tenants, this ground for termination is usually irrelevant in practice. Anyone who adheres to the house rules and treats neighbors with consideration generally has nothing to fear in this regard.

D) Illegal private boarding house - subletting without permission

Subletting individual rooms or the entire apartment is generally permitted only with the landlord’s consent. Anyone who sublets on a long-term basis without permission risks, in the worst case, having their lease terminated. This is because landlords have a legitimate interest in knowing who is living in their apartment.

In many cases, however, subletting can be easily arranged. By seeking a conversation early on and obtaining permission, you can avoid unnecessary conflicts.

E) Work, work - a business is being run in the apartment

Using an apartment for commercial purposes can also be problematic. However, this does not refer to the typical home office setup, which is usually possible without issue these days.

It only becomes an issue when the apartment is visibly used for commercial purposes, for example due to:

• heavy foot traffic,
• regular deliveries,
• increased noise,
• or on-site employees.

Anyone wishing to use their apartment for commercial purposes should therefore obtain the landlord’s consent in advance.