Terminating a tenancy prepare each step
A residential tenancy in Germany does not end merely because termination appears commercially or personally sensible to the landlord. The route, statutory grounds, notice period, form, receipt and individual balance of interests must fit together.
This chapter aligns ordinary notice, personal-use termination, termination without notice and eviction proceedings in one reliable process. It is general information about German residential tenancy law, not an individual legal review or a ready-to-send notice.
The detailed preparation of a personal-use termination is covered in the German personal-use guide. Rent-ledger analysis, reminders and payment plans are covered in German Chapter 7: protecting rental income and the German rent-arrears practice guide. Fact-finding, warnings and de-escalation in behavioural disputes are covered in Chapter 10: tenant conflicts.
- Review the agreement, parties, authority, termination exclusions and special rules first.
- Do not confuse ordinary notice, termination without notice and a mutual surrender agreement.
- Calculate periods from receipt and the date the dwelling was handed over, not from dispatch.
- Document the grounds and supporting facts completely, truthfully and case by case.
- Give residential termination notices in statutory written form with the required signatures.
- No self-help eviction: possession changes voluntarily or under a title through a bailiff.
01 · Choose the correct route first
Start by identifying the correct legal route
Ordinary notice, extraordinary termination without notice, expiry of a fixed term and a consensual surrender follow different rules. The label on a letter cannot replace the conditions for the chosen route.
| Route | Core question | Typical result |
|---|---|---|
| Ordinary landlord notice | Is there a legitimate interest under section 573 BGB or a statutory special case? | termination after the notice period |
| Termination without notice | Is continuation until ordinary expiry unreasonable and were prior steps observed? | termination without the ordinary period |
| Surrender agreement | Can both parties voluntarily agree clear terms? | termination on the agreed date |
| Fixed-term tenancy | Is the fixed term valid and does it expire as agreed? | separate contract review |
This guide concerns residential tenancies in Germany. Commercial premises, furnished accommodation in special settings, service accommodation and older agreements may be subject to different rules.
02 · Build a complete termination file
Before drafting: secure the agreement, parties and facts
A legally consequential letter should only be drafted once the file is complete. Missing amendments, unclear landlord status or inconsistent ledger entries can change the entire route.
- tenancy agreement, amendments, handover date and agreed exclusions
- full names of all contracting parties and current addresses
- ownership, landlord and representation status, including authority documents
- chronology with evidence, responses and exculpatory circumstances
- current rent ledger only where payment grounds are relevant
- special rules such as fixed terms, conversion or section 573a BGB
Collect and retain only information necessary for the specific matter. A termination file must not become an unstructured store of personal or health data.
03 · Understand ordinary notice
A landlord generally needs a legitimate interest
Under section 573 BGB, a landlord may ordinarily terminate residential accommodation only with a legitimate interest. The statute lists, in particular, a culpable and material breach, personal use and a qualified economic exploitation situation. Termination solely to raise the rent is excluded.
- support the statutory ground with facts rather than merely naming it
- consider proportionality and contrary circumstances
- review termination exclusions, fixed terms and blocking periods first
- state the material grounds in the notice itself
- distinguish later-arising grounds from later additions to old grounds
04 · Calculate ordinary notice periods
Three, six or nine months are starting points, not an automatic calendar result
Section 573c BGB links the landlord period to the time since the dwelling was handed over. As a rule, notice must be received no later than the third working day of a month for that month to count.
| Time since handover | Statutory landlord starting point | Additional review |
|---|---|---|
| up to five years | three months | receipt, contract and special rules |
| more than five years | six months | exact handover date |
| more than eight years | nine months | exact handover date |
| section 573a BGB | applicable period plus three months | conditions and express statement |
Do not estimate the period or termination date. The calendar, date of receipt, older agreements and special forms of housing can affect the result. Use an “earliest lawful date” fallback only after professional review.
05 · Specify the legitimate interest
The legal ground must match the actual facts
The examples in section 573(2) BGB are not interchangeable wording blocks. Breach, personal use and economic exploitation each have distinct conditions and evidential questions.
Breach of duty
Nature, seriousness, fault, repetition, warning and consequences require a concrete review.
Personal use
Beneficiary, relationship, intended use, choice of dwelling and timing must be plausible.
Economic exploitation
Reasonable exploitation and substantial disadvantage are required; a higher re-letting rent is insufficient.
Other interests
Grounds not expressly listed may be viable only after careful legal classification.
A general wish for flexibility, saleability or higher returns does not replace the statutory conditions.
06 · Classify personal use
Personal use is an ordinary ground, not an unchecked privilege of ownership
Section 573(2)(2) BGB covers a genuine housing need of the landlord, family members or members of the landlord’s household. The beneficiary, relationship, intended use and material facts belong in the reasons.
- clarify landlord status and the eligible person
- document a concrete and temporally plausible intended use
- consider vacant or soon-to-be-vacant alternative dwellings
- review exclusions and blocking periods following conversion
- obtain advice immediately if the need ceases or materially changes
The German deep-dive “Kündigung wegen Eigenbedarf” covers beneficiaries, blocking periods, alternatives, hardship and detailed reasoning. This chapter deliberately avoids duplicating those case-specific issues.
07 · Do not miss special cases
Review section 573a, partial notice and fixed terms separately
For a dwelling in a building occupied by the landlord and containing no more than two dwellings, section 573a BGB may permit simplified notice. It adds three months to the period and must be expressly invoked in the letter. It is not a personal-use termination.
- verify actual landlord occupation and the number of dwellings
- do not confuse partial notice with termination of the entire dwelling
- review validity and stated reason for a fixed-term tenancy
- after conversion and purchase, review section 577a BGB and state regulations
- consider contractual exclusions and older agreement versions
08 · Account for hardship objections
Ordinary notice cannot be planned without the social hardship rules
Under sections 574 to 574b BGB, a tenant may object and seek continuation where termination would cause unjustifiable hardship. Inability to obtain suitable replacement accommodation on reasonable terms may also qualify.
- give timely notice of the right, form and deadline for an objection
- normally expect an objection no later than two months before termination
- assess health, family and housing-market information individually
- balance the legitimate interests of both sides
- do not dismiss a missing landlord notice: a later objection may still be possible in court
The social hardship rule does not apply where a valid ground for extraordinary termination without notice exists. Whether that ground actually exists still requires review.
09 · Classify termination without notice
Without notice means continuation is unreasonable until ordinary expiry
Section 543 BGB requires good cause and an assessment of all circumstances. For residential property, section 569 BGB supplements this with rules on disturbance of the peace, deposit and rent arrears, and reasons in the notice.
- identify the concrete breach and its effects
- consider fault, duration, repetition and both parties’ conduct
- review and document a warning or cure period
- do not broaden statutory exceptions to prior steps
- state the good cause in the notice itself
- assess any alternative ordinary notice independently
“Without notice” is not a stronger warning. If statutory conditions are absent, the heading does not create a valid termination.
10 · Rent arrears as grounds
Arrears must be itemised and legally classified
Sections 543 and 569 BGB contain several routes for termination without notice due to default. Before applying them, determine the amount due, payments, allocation, reductions, set-off and disputed items for each period.
- update the ledger through the intended date of receipt
- separate net rent, service-charge advances and other claims correctly
- trace payment instructions and partial payments
- review defect notices, rent reductions and set-off separately
- assess effects of payment plans or acknowledgements before agreeing them
- treat grace-period payment and a parallel ordinary notice separately
Section 569(3)(2) BGB may render a rent-arrears termination without notice ineffective if its conditions are met. Under German case law, this does not automatically invalidate a parallel ordinary notice. This combination requires individual legal review.
11 · Other serious breaches
Peace of the building, risks and improper use require reliable facts
Sustained disturbance of the peace, material risk to the property or continued improper use may become termination grounds. Concrete events, attribution, seriousness and reasonableness of continuation determine the assessment.
- record date, location, duration, participants and actual impact
- separate witness reports and original complaints from evaluations
- check technical causes, self-defence or exculpatory information
- distinguish an isolated event from sustained repetition
- protect affected persons without prejudging the facts
- where danger exists, prioritise police, fire services or competent authorities
Chapter 10 explains fact-finding, communication and staged responses. Chapter 11 begins when a documented matter is to be assessed as a possible termination ground.
12 · Warning or cure period
The required preliminary step must match the breach
For termination without notice based on breach, an unsuccessful warning or reasonable cure period is generally required. Exceptions apply only in statutory or individually sustainable circumstances.
- 1describe the conduct concretely and verifiably
- 2state the required cure or future cessation clearly
- 3set a reasonable period where cure is possible and required
- 4state possible consequences of further breaches objectively
- 5document receipt and any later repetition
A generic warning for “breach of contract” is usually less useful than precise facts. Whether a warning can be omitted should be legally reviewed before termination.
13 · Observe formal requirements
Residential termination: written, unambiguous and complete
Section 568 BGB requires written form. Together with section 126 BGB, this generally means a document bearing a handwritten signature. An email, messenger message or mere scan does not satisfy this statutory form.
Sender and recipient
- name all required landlord and tenant parties correctly
- review representation and authority before dispatch
- identify the dwelling and address unambiguously
Content
- state route and intended termination date clearly
- include legally required factual reasons
- include hardship-objection information for ordinary notice
Execution
- obtain all required original signatures
- review enclosures and authority documents case by case
- avoid handwritten changes after signature
Before dispatch
- recheck period and date
- separate service original from file copy
- prepare delivery route and witness or messenger
This checklist is not a notice template. It cannot replace individual reasons or review of parties, authority, periods, exclusions and special rules.
14 · Secure receipt and authority
Effect depends on receipt, not dispatch
Under section 130 BGB, a declaration to an absent person takes effect upon receipt. The landlord may have to prove timely receipt. Where an agent signs, section 174 BGB may create additional risks.
- allow a delivery buffer rather than dispatching on the last possible day
- use a messenger able to confirm content, envelope, delivery and time
- arrange personal handover with a receipt or witness
- do not assume registered post is automatically the safest route
- ensure receipt by all required recipients where several tenants are involved
- review original authority documents or prior notification of authority
15 · Manage the period after notice
Serving notice does not end case management
After receipt, a managed transition begins. Enquiries, objections, payments, settlement talks and return arrangements should remain separate in the file.
- 1calendar receipt, termination and response deadlines.
- 2review objections or new facts without prejudgment.
- 3separate ongoing rent and compensation for continued occupation in the accounts.
- 4document any voluntary surrender arrangement clearly and in writing.
- 5prepare inspection, keys, meter readings and open claims.
- 6review the complete claim again before commencing proceedings.
Unqualified continuation, contradictory messages or new agreements can affect the legal position. Communications after notice should therefore come from one centrally managed file.
16 · Eviction proceedings as last resort
If possession is not returned, the route is through the court
When the tenancy has ended and the dwelling is not returned, section 546 BGB provides a return obligation. Eviction proceedings determine whether an enforceable possession claim exists. Residential tenancy disputes are generally within the exclusive jurisdiction of the local court (Amtsgericht).
- review termination, receipt, expiry and parties before filing
- coordinate possession and any payment claims strategically
- account for objections, grace-period payments and new facts
- plan court fees, legal costs, duration and enforcement risk realistically
- continue documenting settlement or voluntary return during proceedings
- allow for a possible court-granted period to vacate
Eviction proceedings are court litigation, not an extended property-management workflow. Wellhöner Immobilien does not provide legal representation or determine whether an individual notice is valid.
17 · Title and enforcement
Do not change locks: enforcement is carried out by a bailiff
Even an apparently clear notice does not permit self-help eviction. An enforceable title is generally required; section 885 ZPO assigns removal from possession and transfer of possession to the bailiff. Section 885a ZPO permits a limited enforcement instruction in appropriate cases.
- do not change locks, cut utilities or remove possession privately
- review title, enforceability clause and service with legal counsel
- instruct the bailiff and clarify advance costs and process
- organise treatment of items left behind according to the enforcement route
- follow documentation, storage and deadline duties under sections 885 or 885a ZPO
- record condition, keys and meter readings after possession transfers
The so-called Berlin model is not a private shortcut. It is based on a limited enforcement instruction under section 885a ZPO and must be prepared with the bailiff and legal counsel.
18 · Release checklist
Require documented approval before every termination
Legal ground
- route selected
- facts and counter-evidence reviewed
- warning/cure reviewed
- special rules recorded
Agreement and parties
- agreement and amendments complete
- all parties correct
- authority clarified
- exclusions and fixed term reviewed
Form and period
- period calculated from receipt
- termination date checked
- reasons included
- original signatures present
Follow-up
- provable receipt planned
- hardship rights considered
- handover prepared
- legal advice planned before proceedings
An internal approval records the process but does not replace legal advice. The specific notice should be reviewed by an authorised professional before dispatch.
19 · Boundary with existing content
Chapter 11 connects the routes; specialist guides remain independent
This chapter covers choosing the termination route, common formal and timing issues, and the path to judicial eviction. Existing specialist pages remain the detailed source for their own workflows.
| Topic | Deep dive | Not duplicated in Chapter 11 |
|---|---|---|
| Personal use | German personal-use termination guide | beneficiaries, blocking periods, alternative dwellings and drafting aids |
| Rent arrears | Chapter 7 and German arrears practice guide | ledger, reminders, payment plans and payment-order process |
| Behavioural disputes | Chapter 10 tenant conflicts | noise, damage, animals, subletting and de-escalation |
| Tenancy agreement | Chapter 4 agreement guide | contract types, fixed terms, clauses and house rules |
Conclusion
Termination needs a complete file, deadline control and clear roles
A defensible landlord termination does not come from a template. It combines a sustainable ground, complete facts, the correct period, statutory form and provable receipt.
If voluntary possession is not returned, the route proceeds through proceedings, a title and a bailiff. Early legal review is usually less costly than discovering an invalid notice months later.
Organise management processes clearly
Within the agreed management scope, Wellhöner Immobilien can support owners with documentation, communication, handover and re-letting. Legal advice and court representation remain with authorised professionals.
Explore rental managementAuthor, editorial review and sources
Wellhöner Immobilienmanagement GmbH & Co. KG
- § 126 BGB – SchriftformBundesministerium der Justiz / Gesetze im Internet
- § 130 BGB – Wirksamwerden gegenüber AbwesendenBundesministerium der Justiz / Gesetze im Internet
- § 174 BGB – Einseitiges Rechtsgeschäft eines BevollmächtigtenBundesministerium der Justiz / Gesetze im Internet
- § 543 BGB – Außerordentliche fristlose Kündigung aus wichtigem GrundBundesministerium der Justiz / Gesetze im Internet
- § 546 BGB – Rückgabepflicht des MietersBundesministerium der Justiz / Gesetze im Internet
- § 546a BGB – Entschädigung bei verspäteter RückgabeBundesministerium der Justiz / Gesetze im Internet
- § 568 BGB – Form und Inhalt der KündigungBundesministerium der Justiz / Gesetze im Internet
- § 569 BGB – Außerordentliche fristlose Kündigung bei WohnraumBundesministerium der Justiz / Gesetze im Internet
- § 573 BGB – Ordentliche Kündigung des VermietersBundesministerium der Justiz / Gesetze im Internet
- § 573a BGB – Erleichterte Kündigung des VermietersBundesministerium der Justiz / Gesetze im Internet
- § 573c BGB – Fristen der ordentlichen KündigungBundesministerium der Justiz / Gesetze im Internet
- § 574 BGB – Widerspruch des Mieters gegen die KündigungBundesministerium der Justiz / Gesetze im Internet
- § 574b BGB – Form und Frist des WiderspruchsBundesministerium der Justiz / Gesetze im Internet
- § 577a BGB – Kündigungsbeschränkung bei WohnungsumwandlungBundesministerium der Justiz / Gesetze im Internet
- § 23 GVG – Zuständigkeit des Amtsgerichts bei WohnraummieteBundesministerium der Justiz / Gesetze im Internet
- § 721 ZPO – RäumungsfristBundesministerium der Justiz / Gesetze im Internet
- § 885 ZPO – Herausgabe und Räumung durch den GerichtsvollzieherBundesministerium der Justiz / Gesetze im Internet
- § 885a ZPO – Beschränkter VollstreckungsauftragBundesministerium der Justiz / Gesetze im Internet
- BGH, Urteile vom 19. September 2018 – VIII ZR 231/17 und VIII ZR 261/17 (Schonfristzahlung)Bundesgerichtshof
Frequently asked questions
FAQ on termination and eviction
When may a landlord give ordinary notice in Germany?
For residential property, the landlord generally needs a legitimate interest under section 573 BGB or a specific statutory route. Common grounds include a culpable material breach, personal use or a qualified economic exploitation situation. The ground, agreement, special rules and balance of interests require individual review.
What notice period applies to landlords?
The statutory starting point under section 573c BGB is three months. After more than five and more than eight years since handover, the landlord period increases by three months each time. The exact handover date, timely receipt and any contractual or special rules are decisive.
Does dispatch or receipt count?
Receipt generally counts. Under section 130 BGB, a declaration to an absent recipient takes effect when received. Landlords should build in a service buffer and be able to prove both the content and timing of receipt.
Can a landlord terminate for personal use?
Personal use can be a legitimate interest under section 573(2)(2) BGB where the landlord genuinely needs the dwelling for themselves, family or a household member. The beneficiary, relationship, intended use, blocking periods, alternatives and hardship require concrete review.
What is simplified notice under section 573a BGB?
It may apply to a dwelling in a building occupied by the landlord with no more than two dwellings. A legitimate interest under section 573 is not required, but the period increases by three months and the notice must expressly rely on section 573a.
When is termination without notice possible?
Where good cause makes continuation until ordinary expiry unreasonable after all circumstances are considered. Depending on the breach, a warning or cure period may be required first. The good cause and supporting facts must be stated in the notice.
Does every rent arrear justify termination without notice?
No. Sections 543 and 569 BGB contain several precise conditions. The ledger, due dates, allocation, reductions, set-off and disputed items must first be correct. A simple online threshold calculator cannot replace that review.
What is the effect of a grace-period payment?
If section 569(3)(2) BGB applies, full satisfaction or a public authority’s commitment within the statutory period can invalidate the rent-arrears termination without notice. Under German case law, a parallel ordinary notice is not automatically invalidated.
Is a warning always required first?
No, but an unsuccessful warning or cure period is generally required for termination without notice based on breach. Statutory exceptions include cases where cure is evidently futile or immediate termination is particularly justified. The exception must be reviewed on the facts.
Can residential notice be given by email?
A standard email, messenger message or scanned copy generally does not satisfy statutory written form. Sections 568 and 126 BGB generally require a document with a handwritten signature. Digital communication may accompany the process but does not replace formal notice.
Must the grounds appear in the notice?
For ordinary landlord notice, section 573(3) BGB requires the legitimate-interest reasons. For residential termination without notice, section 569(4) BGB requires the good cause to be stated. Bare labels are risky in a complex matter.
Can the tenant object to ordinary notice?
Yes. Under sections 574 et seq. BGB, the tenant may seek continuation where termination would cause unjustifiable hardship. The objection is generally in text form and due two months before termination. Without a timely landlord notice, an objection may still be made at the first hearing.
May the landlord change the locks after the deadline?
No. A landlord may not remove possession, cut utilities or change locks privately. An enforceable possession title is generally required, and a bailiff carries out the removal from and transfer of possession.
What happens in eviction proceedings?
The court reviews the possession claim, including termination, receipt, period, defences and any hardship or cure rules. The local court is generally exclusively competent for residential tenancy matters. A judgment may allow time to vacate; enforcement may then be required.
Does Wellhöner provide a notice template or legal representation?
No. This chapter provides a process and review structure, not a ready-to-send notice, deadline guarantee or legal representation. Within its management mandate, Wellhöner can coordinate records, communication, handover and re-letting; authorised legal professionals handle legal review and litigation.