Notice periods: When do I have to terminate my tenancy?

A move is often associated with termination of the old apartment – but When must the notice be given in order to move out on time? What deadlines apply to tenants, and are there exceptions? Here you can find out How to terminate your rental agreement correctly and avoid legal problems.

1. What notice period applies to tenants?

📌 1. Statutory notice period for indefinite tenancy agreements
✅ Three months' notice period according to § 573c BGB
✅ The termination must by the third working day of a monthso that the current month still counts
✅ Example: Termination by April 3rd → Rental agreement ends on June 30th

📌 2. Special regulations for graduated rental agreements or fixed-term rental agreements
✅ Fixed-term rental contracts often cannot be terminated before expiry
✅ Graduated rental agreements may contain special notice periods

📌 3. Termination by landlord – longer notice periods
✅ Landlords must, depending on the rental period adhere to longer notice periods
✅ Rental period under 5 years: 3 months
✅ Rental period between 5 and 8 years: 6 months
✅ Rental period over 8 years: 9 months

💡 Tip: If the rental agreement contains a longer notice period for tenants, this often ineffective – legal regulations always apply maximum three months.

2. How do I terminate my apartment lease correctly?

📌 1. Written notice required
✅ Termination must be in writing (Email or verbal communication is not sufficient)
✅ Signature of the main tenant required

📌 2. Prove that the notice of termination has been served
✅ Send by registered mail with return receipt or handed over personally with confirmation
✅ If by post: Submit early to meet deadlines

📌 3. Content of the termination letter
✅ Apartment address & rental agreement details
✅ Termination date & reference to statutory notice period
✅ If necessary: Request an appointment for apartment handover

💡 Tip: If there are several tenants in the contract, all main tenants sign the termination notice.

3. Are there any options to terminate the rental agreement early?

🚛 1. Find a new tenant
✅ Some landlords accept a new tenant if he is solvent
✅ No legal obligation for the landlord to accept a new tenant

⚖ 2. Extraordinary termination
✅ Possible at unreasonable defects, e.g. harmful mold
✅ Possible if the landlord does not comply with contractual obligations

📋 3. Termination in cases of hardship
✅ If the apartment uninhabitable becomes
✅ If the tenant has to move for health or professional reasons (e.g. transfer abroad)

💡 Tip: If the landlord does not agree to an extraordinary termination, a legal advice help.

4. Termination & handover of the apartment – What needs to be done?

📌 1. Plan the handover in good time
✅ Make an appointment with the landlord
✅ If necessary, check the rental agreement to see if there are renovation obligations

📌 2. Prepare an apartment handover protocol
✅ Check all rooms together
✅ If there is any damage, document & photograph

📌 3. Arrange key handover
✅ Hand over all keys and have them signed
✅ If an additional payment for additional costs is due, check

💡 Tip: If there is a dispute with the landlord, the Handover of the apartment with witnesses.

5. Avoid common mistakes when terminating employment

❌ Sending notice of termination too late → Solution: Check deadlines early and terminate in writing
❌ Terminate only verbally or by email → Solution: Always in writing & with proof
❌ Looking for a new tenant & thinking the landlord has to accept him → Solution: Only possible with the consent of the landlord
❌ Misjudging the renovation obligation → Solution: Check the rental agreement and seek legal assistance if necessary

💡 Tip: If there are any uncertainties, a Tenancy law advice can helpto avoid errors.

6. Checklist for a timely termination

📌 Before termination:
✅ Check the rental agreement – which deadlines apply?
✅ If necessary: Check alternatives such as a new tenant or special termination

📌 During the termination:
✅ Submit notice of termination in writing (by registered mail or in person)
✅ If necessary, request confirmation from the landlord
✅ If you are unsure, contact the tenants’ association or legal advice

📌 After termination:
✅ Prepare the handover of the apartment & create a protocol
✅ Return the key completely and have it acknowledged
✅ If deposit is outstanding: Clarify repayment with landlord

💡 Tip: If the deposit is not returned, a written Reminder with deadline help.

Conclusion: How to terminate your apartment in good time and correctly

✔ The statutory notice period is three months – longer periods are often ineffective
✔ Termination must be in writing and with proof
✔ Finding a new tenant is only possible with the landlord's consent
✔ Carefully document the handover of the apartment with a protocol
✔ If problems arise with the landlord, a rental law consultation can help

🚛 Are you moving and want to make sure that your notice of termination is given on time? Praktik Transport not only supports you with your move, but also provides valuable advice on tenancy law and changing apartments! Get a non-binding offer now! 🏠✨