- Only three reasons carry an ordinary termination: personal use, breach of contract, economic use (§ 573 BGB). The reason must be stated in the letter, or it is void.
- Notice periods: three months; six after five years, nine after eight years of tenancy (§ 573c BGB). The letter must reach you by the third working day of the month to count for that month.
- Objection on hardship: age, illness, pregnancy, no replacement housing, in writing, up to two months before the period ends (§§ 574, 574b BGB).
- Without notice only for an important reason, such as two months of rent arrears (§ 543 BGB). Eviction needs a court order.
When may a landlord terminate the tenancy?
An ordinary termination needs a legitimate interest (§ 573 BGB). The law names three cases: the landlord or a close relative wants to live in the flat themselves (personal use, Eigenbedarf); you have seriously breached your duties, for example by paying late repeatedly; or the building cannot be used economically without the termination, where a higher rent alone is not enough. The reason must be in the letter and the letter must be signed on paper (§§ 568, 573 BGB).
Paying too much rent?
After a termination every euro counts: the free rent check tells you in two minutes whether your rent is above the Mietpreisbremse limit.
In practice almost every landlord termination is one of these three. Personal use is by far the most common: the landlord, a family member or a member of the landlord's household wants to move in. The second is a breach of your duties, usually repeated late payment or subletting without permission, normally after a written warning. The third, economic use, is rare: the landlord must show that keeping the tenancy causes a considerable disadvantage, for example because the building is to be demolished.
Two things are never a reason. The wish to re-let at a higher rent does not count (§ 573 Abs. 2 Nr. 3 BGB). The sale of the flat does not end the tenancy either: the buyer steps into your contract (§ 566 BGB). If the building was converted into condominiums and then sold, a termination for personal or economic use is barred for three years after the sale, and for up to ten years where the state has issued an ordinance (§ 577a BGB). One exception the other way: in a house with at most two flats in which the landlord lives, no reason is needed, but the notice period is three months longer (§ 573a BGB).
Pretextual personal use
If nobody moves in after you leave, or the flat is re-let, the personal use may have been a pretext. Then the landlord owes you damages: moving costs, the broker's fee, the higher rent of your new flat.
What notice periods apply?
For the landlord, three months up to five years of tenancy, six months from five years and nine months from eight years (§ 573c BGB). For you as the tenant it is always three months. The letter must reach you by the third working day of a month for that month to count. All cases with examples are in the guide on notice periods.
The count is strict. A letter that reaches you on 10 May counts only from June, so a three-month period ends on 31 August. The contract cannot shorten the landlord's periods or lengthen yours; a clause that does so is void (§ 573c Abs. 4 BGB).
A termination without notice is a different thing. It needs an important reason (§ 543 BGB). The main case is rent arrears: you are in default on two consecutive payment dates with more than one month's rent, or over a longer period with an amount equal to two months' rent (§ 543 Abs. 2 Nr. 3, § 569 Abs. 3 BGB). Other reasons are a serious disturbance of the peace of the house or damage to the flat, normally after a written warning. Even then you do not have to leave on the day the letter arrives: eviction still needs a court order.
How do I defend against a termination?
- Check form and reason. Signed on paper, addressed to every tenant named in the contract, with a concrete reason and the right period. An e-mail, a text message or an unsigned letter is void (§ 568 BGB). If something is missing, reject the termination in writing and keep paying the rent.
- Object on grounds of hardship. If moving would hit you or your family unreasonably hard, object in writing at the latest two months before the period ends (§ 574b BGB). The landlord must point out this right in the letter (§ 568 Abs. 2 BGB); if that note is missing, you can still object until the first hearing in an eviction case. The tenancy then continues until a court decides.
- Do not move out, do not sign anything. Eviction needs a court order; never sign a termination agreement unchecked. A signed agreement ends the tenancy, whether the termination was valid or not.
- Termination without notice for rent arrears: pay the whole arrears at once. Payment within two months after the eviction claim is served cures the termination without notice, once in two years (§ 569 Abs. 3 Nr. 2 BGB). It does not cure an ordinary termination sent alongside it, so answer that one separately.
- Get the letter checked. A Mieterverein or a Fachanwalt für Mietrecht reads the termination and tells you within days whether it holds. Take the contract, the letter and your payment records.
When is a rent check worth it after a termination?
In two situations. If you stay, because the termination was void or your objection succeeded, check whether your current rent is lawful. In areas with the Mietpreisbremse the rent at the start of a tenancy may be at most 10 per cent above the local comparative rent (§ 556d BGB). If yours is higher, you object to the landlord in writing and reclaim the overpaid rent (§ 556g BGB). Exceptions apply to buildings first let after 1 October 2014 and to a previous rent that was already higher (§§ 556e, 556f BGB).
If you move, check the new contract before you sign it. A new rent is exactly what the Mietpreisbremse controls, and a termination is no reason to accept a rent above the limit. The rent check is free and shows whether the rent of your current flat, or of the one you are about to sign for, is above the limit.
The guides on termination
Frequently asked questions
Can a landlord terminate without a reason?
No. An ordinary termination needs a legitimate interest under § 573 BGB, and the reason must be in the letter. Without it the termination is void, and you reject it in writing.
How long is the notice period for tenants?
Three months, whatever the length of the tenancy (§ 573c BGB), unless the contract is more favourable to you. Your letter must reach the landlord by the third working day of the month to count for that month. With a stepped rent (Staffelmiete) your right to terminate can be excluded for up to four years (§ 557a BGB).
Do I have to move out right away?
No. You owe nothing before the period has ended, and eviction needs a court order. With a hardship objection you stay until a court has decided.
Can the landlord terminate because the flat was sold?
No. The buyer takes over your contract as it stands (§ 566 BGB) and needs a reason of their own. After a conversion into condominiums, a personal-use termination is barred for at least three years after the sale (§ 577a BGB).
Is a termination by e-mail valid?
No. A termination of a flat must be in writing, which means a signed letter on paper (§ 568 BGB). An e-mail, a message or a scan does not start the notice period.
Do I get compensation for a pretextual personal-use termination?
Yes. If you moved out because of a personal use that was only a pretext, you can claim moving costs, the broker's fee and the extra rent of your new flat (§ 280 BGB). Keep evidence that nobody moved in or that the flat was re-let.
Staying or moving: is the rent lawful?
The free rent check tells you whether your rent is above the Mietpreisbremse limit (§ 556d BGB) and what you can reclaim. It works for your current flat and for the one you are about to sign for.