Rent contract cancellation template
In three steps to the termination of the lease
1. Fill out form online free of charge
2. Print and sign the notice directly
3. Send notice of termination by registered mail
The right template for every case
Termination in due time
Normal termination of the lease with a notice period of 3 mon.
Termination without notice
For example, because of serious defects in the rented apartment
For example, because of a rent increase by the landlord:innen
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Termination of the lease: form, deadlines and special cases
While tenants can terminate an open-ended rental agreement at any time without giving reasons, landlords need comprehensible reasons, such as a default in rent payment or personal requirements. What form and components a termination of the lease must have, what notice periods apply in each case and what special cases you should know, read here.
Reading time 8 minutes | Author:in Immoscout24 | Status 04.09.21 |&& 747.538 calls
The most important things in a nutshell:
The Termination of a rental agreement is only then legally effective, if they in writing is made.
The Termination of the lease should in prevention of possible disputes always by registered mail with return receipt take place.
tenants:inside can without giving reasons with a required by law period of three months the lease give notice.
If an ordinary Cancellation by the:landlord:in, Directs itself the notice period to the duration of the tenancy.
Table of contents
When do which periods of notice apply to rental agreements?
The respective valid notice period of a tenancy agreement The period of notice depends to a large extent on the rental agreement between the landlord and the tenant or subtenant:
Type of lease (z.B. sublease agreement)
Duration of the tenancy (unlimited, limited or with minimum rental period)
certain occurrences (Delay of rent payments, registration of personal needs, professional changes, mold)
Basically, tenant:in can be tenancy agreements for an indefinite period terminate the tenancy without giving reasons with a statutory period of notice of three months.
Good to know:
It may also be for the tenant:inside more favorable notice periods, for example of one month or 14 days, may be agreed upon. An extension to the disadvantage of tenant:inside is however inadmissible.
At fixed-term leases, thus time rent contracts and/or. Leases with a minimum lease term, early termination is usually not possible. Only if grounds for termination without notice (z.B. (e.g. mold infestation) are fulfilled, it is possible for the tenant to get out of a fixed-term tenancy early.
When to terminate the lease agreement?
Tenant:inside can always only to the end of the month, that is, at the end of the last month of the notice period, terminate the lease of the apartment. It begins with the day on which the:the landlord:in receives the notice of termination. If the current month is to be taken into account when calculating the period of notice, the notice of termination must be given at the latest on the third working day of the month.
These three days are called the "grace period". By the way, Saturday is always considered a working day. The only exception: If the third working day falls on a Saturday, it does not count. Then the tenant may still terminate until Monday. If the notice of termination is not received by the:landlord:in within the waiting period, it is not effective until one month later. A notice of termination on other dates, such as the 15. of a month, is not allowed.
Landlords:inside are in the case of an ordinary termination of the lease to legally stipulated notice periods (§ 573c BGB) bound:
|Duration of the tenancy||Statutory notice period|
|up to 5 years||3 months|
|from 5 years||6 months|
|from 8 years||9 months|
How to write a notice of termination of an apartment?
If you wish to terminate an existing tenancy agreement, you must provide in writing do. So that everything formally runs correctly, you should use a template for the termination of your lease agreement. In a Sample notice to terminate an apartment all important points are listed.
- complete details of the tenant of the rental agreement
- full details of the landlord:in of the tenancy agreement
- date of the letter of termination
- exact description of the rental object to be terminated
- Date of the beginning of the tenancy to be terminated
- Mention of the method of termination
- Mention of the period of notice
- Cancellation of the direct debit mandate
- Passage to any repayments to the:the tenant:in
- signatures of both parties to the lease (place + date)
With our sample lease termination letter, you can create your individual lease termination letter for the apartment create online in a few minutes, save and print in different file formats.
What formalities do I have to observe when terminating the rental agreement?
In order for the termination of the lease to be legally valid and, at best, without subsequent disputes, the relevant formalities should be observed and complied with.
The lease termination must all necessary details (see above) contain and must be made in writing.
The termination letter should ideally be sent as a registered letter with Return receipt be sent to the respective other party to the rental agreement. This is how it can be proven in the event of a dispute that the notice of termination was actually given and received by the other party to the contract.
The notice of termination must ultimately by all parties to the rental agreement signed, so that it becomes legally effective.
Good to know:
A Fax or e-mail will suffice for sending the letter of termination of a rental agreement not from, because they are not sufficiently conclusive in the event of a legal dispute.
Do you have usable space and ancillary space such as garages via a separate rental agreement rented, these must be given separate notice of termination. You can use the sample notice of termination for this as well. If you wish to be represented for the termination, for example, because you are abroad, the authorized representative must send the notice to the landlord written original power of attorney enclose.
When may tenants give notice of termination prematurely??
Depending on the type of tenancy agreement different conditions for early termination be fulfilled by the:tenant:in. It is relevant here whether the lease is for a fixed term or for an indefinite term.
When can I terminate an indefinite rental agreement prematurely??
Since 2001, there are no longer staggered notice periods for tenants, and since 2005 they no longer apply to old contracts. The tenant may terminate an open-ended lease with three months’ notice. If he:she wants get out of the rental agreement early, even earlier from the contract, the following reasons must be present:
At significant deficiencies or demonstrable disturbance of the house peace by the:the landlord:in the tenant:in may terminate the tenancy agreement without notice.
In the case of a Rent increase after modernization or their notice, the tenant:in can terminate until the end of the month following the notification. The tenancy agreement then ends at the end of the following month.
Raising the rent to the local comparative rent: In this case, the tenant may:in terminate the contract at the end of the month preceding the start of the rent increase – with two months’ notice.
If the rent is increased in a Social housing the tenant may give notice of termination up to three days after the start of the rent increase. The tenancy then ends at the end of the following month.
Graduated rental agreements may be terminated in principle at the end of the fourth year regardless of the term.
Within one month of the death of the tenant relatives who have not co-signed a rental agreement may terminate the rental agreement.
When can I terminate a fixed-term lease prematurely?
Temporary leases cannot be terminated early – unless certain reasons exist. These include:
Living in the rented property endangers the Health, for example due to mold infestation.
The:the tenant:in is the access to house or apartment denied.
The tenant is professionally transferred (e.g. to a new job).B. occupational groups such as soldier:in or civil servant:in).
A justified subletting will be refused by the landlord.
Rent increase in case of modernization
Alternative Solution: Of course, the landlord can agree to the request for early termination. For this purpose, a corresponding Cancellation agreement set up.
When may landlords:inside terminate without notice?
Tenants enjoy a special tenant protection in Germany. Therefore it requires valid reasons on the part of the landlord to terminate the tenant without notice. The following circumstances entitle landlords to give notice of termination without notice to their tenants:
Tenant:in is on two consecutive dates with more than one month’s rent in arrears or he is over a longer period with two months rent in arrears
Tenant:in regularly pays his:her rent unpunctually
Use contrary to the contract of the rental apartment, such as overcrowding or unauthorized subletting
Disturbance of domestic peace
Cannabis cultivation in the apartment, on the balcony or in the basement
structural changes, such as installing a cat flap in the front door of the apartment
Termination despite indefinite lease – video&
What is the procedure after a successful termination of a lease agreement?
After the termination of the lease agreement, both parties to the contract must still further Zsteps until the final handover of the apartment and keys settle.
search for a new tenant:in respectively for an apartment
As a rule, tenants do not terminate their tenancy until they have already found a new place to live. In this case, the landlord is responsible for finding a new tenant. In principle, the landlord has the following options for finding a suitable successor:
Landlord:in switches itself Advertisements on relevant online portals (or alternatively in Newspapers or comparable Print media)
Landlord:in instructs a:n Real estate agent with the search for suitable new tenant:in
Landlord:in receives after mutual agreement Suggestions for the rental succession by the tenant
If, however, the tenant is terminated, for example, because the landlord has declared his own needs, he must take care of the tenant Search for a new apartment take care. Similar to the search for a new tenant, there are several possibilities to find a new place to live:
Tenant:in seeks on Online resp. social media portals after advertisements and advertisements of landlords or brokers
He:she herself switches a or several want ads on relevant platforms.
Tenant:in instructs a:n real estate agent:in with the search for a new rental apartment.
Tenant:in can also terminate their personal environment inquire about a rental apartment that may have become vacant.
Tenant:s should have a so-called Rent debt freedom certificate have the landlord issue a notice of termination in order to substantiate one’s own impeccable payment record at future apartment viewings.
The tenancy ends with the handover date factual conclusion. The rented apartment is inspected by the tenant in a joint inspection for possible damage. Once all modalities have been clarified, the keys are handed over all keys belonging to the rented apartment.
Good to know:
How the Apartment handover In this guidebook, you can find out how to plan the move step by step and what tenants and landlords should pay attention to when drawing up the handover protocol.
Whether and in what amount the tenant will get the rent deposit back from the landlord depends largely on whether the tenant will get the deposit back when the apartment is handed over possible damages or defects manifest in the apartment or there may still be arrears with regard to ancillary costs. Read more about the return of the rental deposit and the legal framework requirements in this article.
Tenants should plan their move as early as possible, so that the move into the new apartment goes smoothly. Whether for example the Hiring a moving company is sensible or you prefer organize the move yourself want, should be among here the first decisions. In this guide, you will find helpful tips on the topic of planning a move.
FAQ – Frequently asked questions about terminating a rental agreement
The legal notice period does not have to be observed if Reasons for termination without notice present. Alternatively, tenants and landlords can also mutually agree on a handover protocol Cancellation agreement The tenant can agree on a shorter period of notice.
Can you terminate a rental agreement verbally?
No. The legally effective notice of termination of the lease is only possible in written form.
How long can I withdraw from the signed lease agreement?
Once signed, the rental agreement is valid. It is only possible for tenants to withdraw from a rental agreement if a right of withdrawal has been included in the contract or if it is a so-called "doorstep transaction" has come. This is the case if the landlord appears at your private apartment without notice and at that moment you sign a contract (e.g. a lease agreement).B. new rental agreement with increased rent) sign.
How to calculate 3 months notice period?
Here is an example: The written notice of termination of the rental agreement is sent by registered mail with return receipt on Wednesday 31 December of the following year. March 2021 to the landlord. The tenancy ends in this case on 30. June 2021 (April, May, June). For example, if the notice of termination is not given until Tuesday, the 6th of the month, you can only give notice in writing. If the lease ends on April 31, 2021, the lease ends on April 31, 2021. July 2021 (May, June, July).
Can the landlord extend the notice period??
If the lease agreement is for an indefinite period, landlords are not allowed to include clauses extending the notice period. In contrast, however, shortened (less than three months) notice periods in favor of the:tenant:in may be agreed in the lease agreement.