Which notice periods apply when you give notice on your flat?

With open-ended tenancy agreements, a basic distinction is made between two types of termination: ordinary and extraordinary termination. These differ fundamentally not only in their grounds but also in their notice periods. Both tenants and landlords have the right to give such notice under certain conditions, although tenants should hardly encounter any problems with an ordinary termination. As a rule, terminations are ordinary ones.

Extraordinary terminations include termination without notice (fristlose Kündigung), which may only be given for particularly important and urgent reasons. These include substantial rent arrears, unauthorised commercial use, persistent noise disturbance or a serious breach of the peace in the building. For tenants, termination without notice is an option, among other things, when normal use of the flat can no longer be guaranteed.

Tenancy law in Germany is very tenant-friendly. That is very positive for the above-average share of tenants in this country. When it comes to terminating a tenancy, this is reflected above all in a much simpler procedure for tenants and in differing notice periods. The statutory notice periods for ordinary terminations are set out in § 573c BGB (Bürgerliches Gesetzbuch – German Civil Code).

Termination by the landlord
Landlords are far more restricted when it comes to giving notice. In principle, they can cite only three grounds for an ordinary termination:

1. The tenants have substantially breached their contractual obligations,
2. if continuing the tenancy would cause the landlord considerable disadvantages in the economic exploitation of the property, and
3. termination for the landlord's own use (Eigenbedarfskündigung).

In the case of an ordinary termination by the landlord, the statutory notice period depends on how long the tenancy has existed. It increases with the duration of the tenancy as follows:

• Less than 5 years: 3 months
• 5 to 8 years: 6 months
• More than 8 years: 9 months

These notice periods for terminating a flat apply generally unless other notice periods have been agreed. However, they may never be shorter than the statutory period.

Termination by the tenant
For tenants with an open-ended tenancy agreement, a notice period of 3 months generally applies, regardless of how long the tenancy has lasted. A tenant does not need any particular reason to give notice; they are free to end the tenancy for any personal or professional reason whatsoever. Nor do they have to state any reasons in the letter of termination.

A notice of termination for a flat is only valid if it is given in writing and bears a valid signature. Notices sent by email are not valid.
Tenants should make sure they submit their notice on time so that it takes effect on the desired date. What counts is the date the notice is received by the landlord – not the date you post it. Send it early enough (or deliver it by hand against a receipt) to arrive by the 3rd working day of the month. The letter of termination should reach the landlord no later than the 3rd working day of the current month so that this month still counts towards the notice period.

Example for the year 2026:
You want to terminate as of the end of August (31.8.) and the notice period is 3 months. The letter of termination should then reach the landlord by 6 May at the latest – since 1 May is a public holiday and 2 and 3 May fall on a weekend, so none of these days are counted.