- Tenants: three months, always. You need no reason and do not have to give one.
- Landlords: three, six or nine months after less than five, five to eight or more than eight years of tenancy, and only with a reason recognised by law (§ 573 BGB).
- By the third working day the notice must reach the recipient, otherwise that month does not count.
- In writing with a handwritten signature (§ 568 BGB). Email, WhatsApp and fax are invalid.
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Which notice period applies to tenants?
Three months, for every open-ended tenancy agreement, whether you have lived there for one year or twenty (§ 573c (1) BGB). The contract cannot validly impose a longer period on tenants; if it does anyway, the statutory period applies (§ 573c (4) BGB). It may be shorter, for example for furnished rooms in the landlord's own home.
You do not need a reason. Nor do you have to state one in the notice letter.
Leaving early only by agreement
There is no right to nominate a replacement tenant and move out early. Many landlords agree to it if the new tenant is solvent. Put the agreement in writing.
Which notice period applies to the landlord?
The period grows with the length of the tenancy (§ 573c (1) sentence 2 BGB), and the landlord always needs a reason the law recognises: personal use (Eigenbedarf), a serious breach of duty by the tenant or a significant economic disadvantage (§ 573 BGB).
| Length of tenancy when the notice is received | Notice period |
|---|---|
| up to 5 years | 3 months |
| more than 5 to 8 years | 6 months |
| more than 8 years | 9 months |
A termination without a legal reason is invalid, even if the period is correct. What applies to personal use and when it is a pretext: see Termination by the landlord.
How do you calculate the period correctly?
Notice may be given by the third working day of a month at the latest, to take effect at the end of the month after next (§ 573c (1) BGB). In other words: if the notice arrives by the third working day, the current month counts as the first of three. If it arrives later, the period only starts in the following month.
Example: You want to move out on 31 August 2026. The notice must reach the landlord by 3 June 2026, the third working day in June. June, July and August then count.
If the notice only arrives on 4 June, the tenancy ends on 30 September.
Saturdays count as working days. What matters is the day the letter reaches the recipient, not the postmark. A letter dropped into the letterbox in the evening only counts as received the next day.
What form must the notice take?
- Written form: on paper, signed by hand, by all tenants or all landlords respectively (§ 568 BGB). Email, WhatsApp, text message and fax are invalid.
- Prove receipt: hand it over in person with a witness, have a messenger drop it into the letterbox, or send it by Einwurf-Einschreiben (tracked letterbox delivery). A signed-for registered letter (Übergabe-Einschreiben) can fail if nobody accepts it.
- Landlords must give reasons: the reason belongs in the letter (§ 573 (3) BGB); tenants do not have to state one.
- Notice of the right to object: the landlord should point out your right to object under the hardship clause (§ 574 BGB); if that note is missing, you have more time to object.
Which special cases are there?
- Waiver of termination: A mutual waiver of ordinary termination is valid for up to four years from the date the contract is signed. After that the statutory period applies again.
- Fixed-term tenancy: A validly limited contract ends without notice; before then, ordinary termination is excluded.
- Rent increase or modernisation: After a rent increase to the comparable rent or an announced modernisation you can terminate extraordinarily with a shorter period, see Special right of termination.
- Without notice: For serious breaches, such as two months' rent in arrears, termination without notice is possible, see Termination without notice.
- Death of the tenant: Heirs and landlord can terminate extraordinarily within one month, observing the statutory period (§ 564 BGB).
Common questions about the notice period
Does the three-month period apply even if the contract says six months?
Yes. A longer period to the tenant's disadvantage is invalid (§ 573c (4) BGB). You give three months' notice.
Does the month count if the notice was posted on the 3rd?
No. What counts is receipt by the landlord, not the day of posting. Hand the letter over in person or use a messenger.
Can I give notice to the 15th of a month?
Only if the contract provides for it. By law the tenancy ends at the end of a month.
Can the landlord give three months' notice although I have lived here for ten years?
No. After more than eight years the landlord's period is nine months. Too short a period does not make the notice invalid, but it only takes effect on the correct date.
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