Terminating the lease for the apartment – deadlines, samples and tips

Termination of the lease: deadlines, patterns, tips

Timing: these deadlines apply to the termination of the lease agreement

If you want to terminate your lease, there are some deadlines to be observed. First of all, it depends on the notice period agreed in the lease agreement. As a rule, it lasts three months. It is also important to As a tenant, give notice only at the end of the month can. The tenancy at 15. of a month is therefore not possible. Your notice must also be received by your landlord no later than the third business day of the month.

In exceptional cases, the lease may provide for a shorter notice period for you as a tenant. However, the three months must not be exceeded. The legislator prescribes this in § 573c of the German Civil Code (BGB). The length of the lease is irrelevant for the notice period.

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The situation is different if the landlord gives you notice of termination of the rental agreement. If you have already lived in your apartment for more than five years, the notice period for the landlord is six months. If you have been a tenant there for even more than eight years, it increases to nine months.

What is the grace period?

The notice of termination does not have to reach your landlord on the first of the respective month. The so-called grace period also allows you to keep your apartment until the third working day of the month to give notice.

The Federal Court of Justice has ruled that Saturday is also considered a working day ( BGH Urt. v. 27.04.2005 – VIII ZR 206/04). This means that you must count this towards the grace period, at least if the first or second day in it falls on a Saturday. In the event that the third and thus last day of the waiting period is a Saturday, there is no case law yet available. Therefore, it is better to be on the safe side and always count Saturday as a working day.

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Important: For compliance with the deadlines mentioned above, it does not matter when you sent the notice of termination, but rather when your landlord received it. Therefore, despite the waiting period, remember to send the termination letter in good time.

If you want to calculate your notice period, this example may help you: Your letter of notice reaches your landlord on Wednesday, 3. March. If the rental agreement provides for a notice period of three months, the tenancy ends on 31 December of the following year. May.

Young woman puts notice of lease in the mailbox

When is termination without notice possible?

If you adhere to the contractually agreed period of notice, she is considered to be in due time. If there are justified reasons, you can, on the other hand, terminate your lease of your apartment without notice give notice. This includes, for example, severe mold infestation that poses a demonstrable, significant health risk and affects you in such a way that you cannot wait until the end of the ordinary termination period. However, before you submit the termination without notice, you must first warn the landlord and give him the opportunity to repair the damage or defects within a certain period of time.

Contents: This belongs in the notice of termination of the lease agreement

The good news: While the rental agreement often comprises several pages, the termination letter may be very short. The most important Building blocks, that the termination letter for your apartment should contain are:

  • Your address
  • the address of the landlord
  • the address of the landlord
  • the address of the apartment and the apartment or tenant number. You can usually find this in the rental agreement
  • the date on which you want to terminate the apartment
  • Place, date and signature

Your letter of termination could look like this (Sample):

(address of the landlord)

Dear Ms/Mr … (last name of the landlord),

I hereby terminate the rental agreement for the apartment at … (street) … (house number), … (postal code) … (city) with apartment number xx effective xx.xx.xxxx.

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Several main tenants can only terminate together

If you have signed the lease together with another person, you cannot get out of the contract alone. You can only give notice together.

Example: You have concluded the rental agreement for your apartment together with a friend. In the contract you are both registered as the main tenant. You want to move out after you finish your studies. Your girlfriend wants to stay in the apartment. In this case, you cannot terminate the contract on your own. Your girlfriend must also sign the notice of termination of the lease of the joint apartment.

It can If necessary, draw up a new rental agreement with the landlord or ask for a change of contract. By means of an addendum to the contract, she can then assume all duties as the sole main tenant. However, the landlord is not obliged to do so. He may insist that you both move out after you have given your notice.

Form: Notice of termination of the rental agreement must be in writing

Once you have written the notice and all the main tenants have signed it, the next question is: In which form do you have to send the letter to the landlord?? In fact, there is only one answer here: by letter. To terminate your apartment verbally, by e-mail or fax is not possible.

Tip: It is best to send the letter of termination by registered mail. This way you can prove in case of doubt that you actually sent the notice to your landlord in due time. Because the deliverer will hand over your letter personally. In the case of a Registered letter with advice of receipt you will even receive an acknowledgement of receipt including the date of delivery and the original signature of the recipient.

Special cases: Fixed-term lease, next tenant and co.

In certain cases, there may be exceptions to the termination of a lease agreement. A temporary lease (temporary lease) is exempt from the statutory notice period. You can’t cancel it before the end of the term. If there are appropriate reasons, you can, however, for example, terminate without notice.

The regular cancellation period of three months to the end of the month also does not apply if you have a Waiver of notice or Cancellation Disclaimer have agreed. Ordinary termination is then excluded for a maximum period of four years.

You can still give extraordinary notice of termination (for example, without notice) in justified cases. A special right of termination for tenants can exist, for example, if due to a modernization the rent is increased.

By the way, the period of notice in the lease does not generally speak against an earlier cancellation of the contract. If the landlord agrees, tenants can terminate the tenancy if necessary. finish early. This can be z. B. be the case if the landlord has New tenant accepts.

  • Relevant topics
  • Tenancy law
  • Rental agreement

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