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2. Guide Overview
3. Tenancy law
4. Ordinary Termination – Rights and Duties for Tenants and Landlords

Ordinary Termination – Rights and Duties for Tenants and Landlords

Termination by the Tenant

Tenants may terminate the lease at any time in compliance with the statutory notice period of three months (§ 573c(1) BGB). The termination must be in writing — email or text messages are not sufficient.

The notice must be personally signed by the tenant and received by the landlord no later than the third working day of the month for that month to count toward the notice period. No specific reason is required.

After the notice period ends, the tenancy automatically terminates, and the tenant must return the apartment in proper condition as agreed in the contract.

Termination by the Landlord

Unlike tenants, landlords may only terminate a lease if they have a legitimate interest in ending it (§ 573(1) BGB). A general wish to re-rent or raise the rent does not qualify.

The landlord must state the reason for termination in writing — without a valid reason, the notice is invalid. The required notice period depends on the duration of the tenancy and ranges from three to nine months.

Valid Reasons for Landlord Termination

A landlord’s legitimate interest typically exists in the following cases:

1. Breach of duty by the tenant: If the tenant significantly violates contractual obligations, such as repeatedly paying rent late or damaging the apartment.
2. Personal use (Eigenbedarf): If the landlord or a close family member or household member needs the property for their own residential use. The reason must be concrete and reasonable.
3. Economic utilization: If continuing the tenancy prevents the landlord from reasonable economic use of the property and causes substantial financial loss.

In all cases, the termination must be in proper form, within the correct deadline, and include a clear justification to be legally valid.

Tenant Rights in Case of Landlord Termination

Tenants have the right to object in writing to a landlord’s termination if they can prove special hardship (§ 574 BGB) — for example, due to old age, illness, or lack of alternative housing.

This objection must reach the landlord no later than two months before the notice period ends. If accepted, the tenancy may be extended or the eviction postponed.

Tenants should seek legal advice from a tenant association or lawyer to ensure deadlines are met and to assess their chances of success.