How a Tenant Can Terminate a Lease Agreement in Germany

A tenant in Germany may terminate an open-ended residential lease, but must do so in writing and comply with the notice period. For a standard Kündigung, the notice period is typically calculated as follows: the letter must be received by the landlord no later than the third business day of the month; the lease can then be terminated by the end of the following month. Special grounds are required for early termination.

The information below provides a general overview for tenants. In disputed situations—such as mold, serious defects, rent increases, conflicts with the landlord, or an urgent need to move out—it is best to consult the Mieterverein or a lawyer specializing in Mietrecht.

Open-Ended and Fixed-Term Mietverträge

Lease agreements in Germany are often concluded for an indefinite term. Such a contract is not “permanent”: the tenant can terminate it by giving ordinary notice—ordentliche Kündigung.

A fixed-term lease—befristeter Mietvertrag—is more complicated. If the lease legally specifies an end date and the reason for the fixed term, simple early termination without cause may not be possible. In such cases, tenants may seek a solution through an agreement with the landlord, the “Nachmieter” model, a “Sonderkündigung,” or a “fristlose Kündigung” if there is a serious reason.

Standard Notice Period (Kündigungsfrist)

The standard notice period for tenants is governed by § 573c of the German Civil Code (BGB). Generally, the notice of termination (Kündigung) must be received by the landlord no later than the third business day of the calendar month in order for the lease to end at the end of the following month.

Example: If the landlord received the letter on March 2, the next regular termination date is May 31. If the letter arrived after the deadline in March, the next termination date is usually June 30.

What matters is not when the letter is sent, but when it is received by the landlord. Therefore, it’s best to plan your mailing well in advance.

Saturday and the “third business day”

When calculating the deadline, there may be nuances involving Saturdays, Sundays, and holidays. In practice, it’s safer not to count on the last day but to hand-deliver or mail the Kündigung in advance. If the matter is disputed—especially if you receive the letter in the first few days of the month—it’s worth checking the deadline with the Mieterverein or a lawyer.

Is it possible to agree on a shorter lease term?

Yes, but only with the landlord’s consent. The statutory notice period cannot be shortened to the tenant’s disadvantage, but the parties may agree to an earlier termination of the lease if both parties consent. It is best to document such an agreement in writing.

Fristlose Kündigung: Early Termination Without the Usual Notice Period

Fristlose Kündigung is termination without observing the standard Kündigungsfrist for good cause. For the tenant, this is not a way to simply move out sooner due to a relocation or a new job. There must be a situation in which continuing the Mietverhältnis until the end of the standard term is objectively impossible or extremely difficult.

Possible reasons:

• The landlord fails to hand over the property or the keys;
• A serious defect renders the dwelling unfit for normal habitation;
• The landlord fails to remedy a significant problem after receiving written notice and a reasonable period of time;
• the condition of the apartment poses a serious health hazard, for example, due to severe mold;
• The landlord grossly violates the tenant’s rights, for example, by entering the apartment without permission;
• There is provable fraud or a material breach of the lease agreement.

If the problem relates to a defect in the apartment, you must usually first notify the landlord in writing of the defect and give them a deadline to remedy it. Immediate termination without taking this step is not always possible. Exceptions depend on the severity of the situation.

In cases of mold, health hazards, and other complex situations, evidence is crucial: photos, correspondence, reports, witnesses, and expert opinions or assessments from utility providers. A subjective sense of danger alone may not be sufficient.

Special Termination (Sonderkündigung) in the Event of a Rent Increase

If the landlord announces a rent increase under § 558 BGB or § 559 BGB, the tenant may have a special right of termination under § 561 BGB. In this case, the tenant is entitled to terminate the lease by the end of the second month following receipt of the notice of the rent increase—with the tenancy ending at the end of the month following that. If the tenant exercises this right, the rent increase does not take effect for them.

Example: If notice of a rent increase (Mieterhöhung) is received in July, a termination under special termination provisions (Sonderkündigung) can usually be filed by the end of September, and the lease can be terminated by November 30.

Important: The right to special termination (Sonderkündigung) depends on the type of increase and the wording of the notice. If the increase is due to modernization, operating costs, or another reason, the deadlines and references to applicable regulations may vary. It’s best to verify the specifics of your case before sending a letter.

Special Cases Following the Tenant’s Death

Upon the tenant’s death, the Mietverhältnis does not always terminate automatically. Depending on the family composition and who is living in the apartment, the lease may be transferred to a spouse, partner, family members, heirs, or other persons specified by law. There are specific deadlines and rules for terminating the lease.

If the tenant has died, do not rely solely on the general statement that “the lease can be terminated with one month’s notice”: you must verify who is now a party to the lease, who the heir is, and what notice period applies specifically to this situation.

How to File a Notice of Termination

Termination of a residential lease must be in writing—Schriftform. This means a paper letter with a handwritten signature. Email, WhatsApp, SMS, and simple verbal notifications are generally not sufficient for a valid termination (Kündigung) of a residential lease agreement.

The letter should include the following:

• the tenant’s name and address;
• the landlord’s or property management company’s name and address;
• the apartment’s address;
• the date of the lease agreement, if available;
• Type of termination: ordentliche Kündigung, Sonderkündigung, or fristlose Kündigung;
• the desired end date of the lease;
• Request written confirmation of receipt and the termination date;
• a new contact address, if already known;
• bank account information for the return of the Mietkaution and any Guthaben from the Nebenkostenabrechnung;
• the date and place the letter was written;
• Signatures of all tenants listed in the lease agreement.

If the lease was signed by multiple tenants, all of them must sign the notice of termination (Kündigung). Otherwise, the landlord may dispute the validity of the notice.

How to Send a Notice

The main goal is to prove that the landlord received the notice of termination (Kündigung) on time. Possible options:

• Hand-deliver the letter and have the recipient sign a copy;
• by certified mail;
• delivery via a reliable witness;
• Send it in advance so the letter does not arrive after the deadline.

Einschreiben mit Rückschein is often used as the standard option, but it is not always ideal: if the recipient does not pick up the letter, the date of receipt may become a point of dispute. It is more reliable to choose a method that allows for confirmation of actual delivery.

Sample Letter in German

[Sender: Name and Address]

[Recipient: Name and Address]

[City, Date]

Termination of the Lease Agreement for the Apartment at [Address]

Dear Sir or Madam,

I/we hereby give notice of termination of the lease agreement for the above-mentioned apartment in accordance with the proper procedure and within the required notice period, effective [date].

Please confirm to me/us in writing that you have received this notice of termination and the termination date of the lease.

To receive a refund of your security deposit and any credit from the utility bill, please use the following bank account information:

Account Holder: [Name]

IBAN: [IBAN]

BIC: [BIC, if required]

My / our new address as of [date] is: [address].

> Best regards

[Name and handwritten signature of all tenants]

Translation of the letter’s meaning

Sender: name and address

Recipient: name and address

City, date

Termination of the apartment lease agreement at [address]

Dear Ladies and Gentlemen,

I/we hereby terminate the lease agreement for the specified apartment in accordance with the established procedure and within the notice period, effective as of [date].

Please confirm in writing that you have received this notice and the date the lease ends.

To receive your security deposit and any overpayments resulting from a utility bill adjustment, please use the following bank account information: [account details].

My/our new address as of [date]: [address].

Sincerely,

[Full names and handwritten signatures of all tenants]

Checklist Before Submitting

• Check whether you have an open-ended lease or a fixed-term lease.
• Calculate the termination date according to § 573c BGB, allowing for a margin of time for delivery.
• Make sure the letter is signed by all tenants listed in the Mietvertrag.
• Do not send your notice of termination (Kündigung) via email or messaging apps alone.
• Keep a copy of the letter and proof of delivery.
• In the case of termination without notice (fristlose Kündigung), attach or keep evidence of the reason.
• In the event of a rent increase (Mieterhöhung), check whether your situation qualifies for a special termination (Sonderkündigung).
• Agree on an Übergabeprotokoll for the handover of the apartment and the keys.

When a Manual Review Is Required

Contact the Mieterverein or a lawyer if:

• The landlord disputes the date the letter was received;
• the apartment is unfit for habitation;
• there is mold, a health hazard, or a serious defect;
• The landlord has raised the rent, and you want to exercise your right to special termination (Sonderkündigung);
• the lease is a fixed-term lease or contains special conditions;
• You are moving out early and want to suggest a new tenant;
• This applies in the event of the tenant’s death or regarding the tenant’s heirs;
• The landlord is withholding the security deposit without a clear reason.

In tenancy law, even a minor technicality can change the contract’s end date and the amount you’ll have to pay. Therefore, in disputed cases, it’s better to check your letter before sending it than to correct a mistake after the deadline has passed.