- How do you terminate your lease as a tenant? Write a letter, sign it by hand and make sure it arrives (§ 568 Abs.
- When is your landlord allowed to terminate your lease? Only with a legitimate interest, and only if the letter states it (§ 573 Abs.
- 1. What counts as a breach of duty? Using the flat outside what the contract allows, to a degree the law calls significant (§ 573 Abs.
- 2. When may your landlord terminate for personal use? When he needs the rooms as a home for himself, his family or a member of his household (§ 573 Abs.
- 3. When may your landlord terminate for economic reasons? When continuing the tenancy stops him from making reasonable economic use of the property and he would suffer considerable disadvantages as a result (§ 573 Abs.
- How long is the notice period? Three months for you, whatever the contract says.
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How do you terminate your lease as a tenant?
Write a letter, sign it by hand and make sure it arrives (§ 568 Abs. 1 BGB). An email, a WhatsApp message or a scanned signature does not end the tenancy. Hand the letter over in front of a witness or send it by registered post, and keep a copy. You do not have to give a reason. The letter must reach your landlord by the third working day of the month; the tenancy then ends at the end of the month after next (§ 573c Abs. 1 BGB). Three months is the most your contract may demand of you, however long you have lived in the flat (§ 573c Abs. 4 BGB). Only the landlord's period grows with the length of the tenancy.
If you need to leave sooner, ask your landlord for a Mietaufhebungsvertrag or propose a solvent Nachmieter. The landlord does not have to agree to either. Two situations give you a shorter route by law. After a rent increase to the local comparative rent you may terminate until the end of the second month after the letter arrived, and the tenancy ends at the end of the month after next (§ 561 BGB). After a modernisation announcement you may terminate until the end of the month following receipt, effective at the end of the next month (§ 555e BGB).
If you stay, check the rent itself. Where the Mietpreisbremse applies, a new tenancy may not cost more than 10 % above the local comparative rent (§ 556d BGB). CONNY checks your rent against that limit free of charge.
When is your landlord allowed to terminate your lease?
Only with a legitimate interest, and only if the letter states it (§ 573 Abs. 1 and 3 BGB). Wanting a higher rent is not a legitimate interest; the law excludes it in so many words. Selling the flat, or planning to, is not one either. Nor is the fact that you have reduced your rent under the Mietpreisbremse.
The law names three legitimate interests (§ 573 Abs. 2 BGB):
- Breach of duty: you have culpably and significantly breached your obligations under the contract (Nr. 1).
- Personal use (Eigenbedarf): the landlord needs the flat for himself, his family or members of his household (Nr. 2).
- Economic use: continuing the tenancy stops the landlord from making reasonable economic use of the property and causes him considerable disadvantages (Nr. 3).
A few tenancies fall outside this protection, and the landlord needs no reason at all (§ 549 Abs. 2 BGB):
- The flat is let for temporary use only.
- You rent a furnished room inside the flat the landlord lives in.
- The room is part of a student or youth hostel.
A landlord who lives in a building with no more than two flats may also terminate without a reason, but his notice period is three months longer than usual (§ 573a BGB).
Even a justified notice can be stopped. If moving out would be a hardship for you or your family that outweighs the landlord's interest, you may object (§ 574 BGB). Do this in writing, at the latest two months before the tenancy is due to end (§ 574b BGB).
1. What counts as a breach of duty?
Using the flat outside what the contract allows, to a degree the law calls significant (§ 573 Abs. 2 Nr. 1 BGB). A single incident is enough only if it is serious. For anything less, the landlord must first send a written warning (Abmahnung) that names the behaviour and threatens termination. Without that warning an ordinary termination usually fails.
Typical breaches are:
- Repeated breaches of the house rules
- Subletting without the landlord's consent, for example via Airbnb
- Late payment or rent arrears: if you are two consecutive months behind, or owe more than one month's rent across two due dates, the landlord may terminate without notice (§ 543 Abs. 2 Nr. 3 BGB)
- Running a business from the flat that is visible from outside and not permitted
- Keeping a pet despite a valid ban in the contract
- Overcrowding the flat
- Disturbing the peace of the house through insults, noise, drugs or a health hazard
- Neglecting the flat so that it suffers damage
Rent arrears have one escape route. If you pay everything you owe within two months of being served with the eviction claim, a termination without notice for arrears becomes void (§ 569 Abs. 3 Nr. 2 BGB). This works once every two years. It does not cure an ordinary termination sent at the same time, so pay as soon as you can and get advice from a Mieterverein or a Fachanwalt für Mietrecht.
2. When may your landlord terminate for personal use?
When he needs the rooms as a home for himself, his family or a member of his household (§ 573 Abs. 2 Nr. 2 BGB). The letter must say who is moving in and why; a bare reference to Eigenbedarf is not enough (§ 573 Abs. 3 BGB). If the contract excludes termination for personal use, the landlord cannot rely on it.
Family members the courts accept include:
- Children, stepchildren, parents, grandchildren and grandparents
- Siblings, nieces and nephews
- Spouses and parents-in-law
- Brothers-in-law and sisters-in-law
The Bundesgerichtshof has ruled that cousins are not family members in this sense. Members of the landlord's household can also justify the notice:
- A life partner
- The partner's children
- Foster children
- Live-in carers, nannies or domestic help
For more distant relatives the landlord must show a close personal bond, otherwise the notice fails. If the stated person never moves in, the Eigenbedarf was faked. You can then claim your removal costs and the difference to a more expensive new flat as damages, for three years from the end of the year you moved out (§ 195 BGB). The landlord must also observe the statutory notice period of three, six or nine months (§ 573c BGB).
3. When may your landlord terminate for economic reasons?
When continuing the tenancy stops him from making reasonable economic use of the property and he would suffer considerable disadvantages as a result (§ 573 Abs. 2 Nr. 3 BGB). Terminating to raise the rent is excluded, and so is terminating to re-let at a higher rent after modernisation. A landlord who could sell a vacant building for twice what it fetches with you in it may have a case. One who simply wants to sell does not.
The letter must set out the disadvantage in figures you can follow. A line from an estate agent or a reference to experience in the area is not enough. Landlords usually give this reason when the building is to be gutted, demolished or sold.
The notice period of three, six or nine months applies here too (§ 573c BGB).
How long is the notice period?
Three months for you, whatever the contract says. For the landlord it depends on how long you have lived in the flat (§ 573c Abs. 1 BGB):
- up to 5 years: 3 months
- 5 to under 8 years: 6 months
- 8 years or more: 9 months
The letter must reach you by the 3rd working day of the month for that month to count. Saturday counts as a working day, but if the 3rd working day falls on a Saturday, the deadline moves to the next working day (§ 193 BGB). A letter that arrives on the 4th working day or later pushes the end of the tenancy back by a full month.
Example:
The landlord's notice reaches you on 3 March. The tenancy ends on 31 May, 31 August or 30 November, depending on how long you have lived there. If the letter only arrives on 7 March, the tenancy ends on 30 June, 30 September or 31 December.
For serious breaches the landlord may terminate without notice (§ 543 BGB). Every notice must also pass the formal test: it has to be a signed letter (§ 568 Abs. 1 BGB), it has to state the reason (§ 573 Abs. 3 BGB), and it should tell you about your right to object on hardship grounds (§ 568 Abs. 2 BGB). If that last point is missing, you may still object at the first hearing in court.
What should you do if your landlord has terminated your lease?
Since the justification for termination always depends on the circumstances, tenants should have their termination checked by experts. It often turns out that a notice is invalid. In this case, notice of termination can be rejected and the apartment can be kept. Even up to 3 years after the termination, when the tenant has already moved out, compensation can still be claimed. In this case, the landlord must reimburse, for example, removal costs and additional costs for a more expensive apartment. No matter if the tenant has already moved out or not, it is worthwhile for you to have his notice checked in any case!
With CONNY, you as a tenant can have your notice of termination checked by our contract lawyers free of charge and very easily from home. If there are good chances of success for a defence, you can instruct our partner lawyers to defend your termination or to claim damages. There is no risk for you, because you only pay if we are successful for you.
Frequently asked questions about terminating a lease in Germany
Do I need a reason to terminate my lease?
No. A tenant terminates without giving any reason, with three months' notice to the third working day of the month (§ 573c Abs. 1 BGB). Only the landlord must justify a notice (§ 573 BGB).
Can I terminate by email?
No. The law requires written form, which means a letter with your handwritten signature (§ 568 Abs. 1 BGB). An email, a fax or a scan does not end the tenancy. Deliver the letter so you can prove when it arrived.
Can my contract give me a longer notice period than three months?
No. A clause that extends the tenant's notice period is void (§ 573c Abs. 4 BGB). Three months applies even after twenty years in the flat. A shorter period for you is allowed.
Does my landlord have to state the reason in the letter?
Yes. The notice must set out the legitimate interest, for example who needs the flat under Eigenbedarf and why (§ 573 Abs. 3 BGB). A notice without reasons is invalid, and you can say so in writing.
How far behind on rent can I be before the landlord can terminate?
Two consecutive months, or arrears of more than one month's rent spread over two due dates, allow termination without notice (§ 543 Abs. 2 Nr. 3 BGB). Pay the full amount within two months of being served with the eviction claim and that termination becomes void, once in two years (§ 569 Abs. 3 Nr. 2 BGB).
Paying too much rent?
Two minutes, free of charge, no obligation: the rent check compares your rent with the limit of § 556d BGB.