Wegweiser Tenants · Housing rights Deutsch

✉️ Termination by the tenant

How to terminate on time, which special termination rights exist and what applies to fixed-term tenancies.

termination notice period special termination replacement tenant written form fixed-term tenancy third working day

In brief

You can terminate an open-ended tenancy agreement at any time. The notice period is three months. The termination must reach the landlord at the latest on the third working day of a month; the agreement then ends at the end of the month after next.

The termination must be in writing. That means: a letter with your own handwritten signature. An e-mail is not enough. You do not need a reason.

There are special cases with different deadlines, for example after a rent increase or a modernisation announcement, or if the landlord refuses subletting without good reason.

Whether you may provide a replacement tenant to get out of the agreement earlier depends on the agreement. A general statutory right to this is not evidenced here.

Step by step

  1. Calculate the deadlinePlan the end of the agreement. The letter must reach the landlord by the third working day of the month.
  2. Terminate in writingWrite it on paper and sign it. Secure proof of receipt, for example by delivery into the letterbox with a witness or by registered mail.
  3. Plan the handoverAgree the handover date and make a protocol.
  4. Clarify service charges and depositAsk for the deposit back and watch for the service charge statement.

Deadlines

3 months
Notice period for tenants: at the latest on the third working day, effective at the end of the month after next§ 573c Abs. 1 BGB
until the end of the 2nd month after receipt
Special termination after a rent increase (§§ 558, 559)§ 561 BGB
until the end of the following month
Special termination after a modernisation announcement: to be declared by the end of the month following receipt; takes effect at the end of the month after next§ 555e BGB
Watch out – common mistakes
  • Written form: e-mail or messenger is not enough (§ 568 Abs. 1 BGB).
  • A fixed-term tenancy generally cannot be terminated early. Special termination rights remain.
  • If the landlord refuses permission to sublet without reason, there is a special termination right with the statutory period (§ 540 BGB).
  • Check in your agreement whether it has clauses on replacement tenants or a minimum term.
In depth · legal basis, figures and practice – for advisers and professionals

Notice period, § 573c BGB

Termination is permitted at the latest on the third working day of a calendar month, effective at the end of the month after next. For the landlord the period is extended by three months each after five and eight years since handover. Deviations to the tenant's detriment are invalid (para. 4).

Form, § 568 BGB

Termination requires written form.

Special termination rights

§ 561 BGB: after an increase of the rent to the comparative rent or after modernisation, the tenant can terminate by the end of the second month after receipt of the declaration, effective at the end of the month after next. § 555e BGB: after receipt of the modernisation announcement, the tenant can terminate extraordinarily effective at the end of the month after next, to be declared by the end of the month following receipt of the announcement (para. 1). § 540 BGB: if the landlord refuses permission to let third parties use the premises without good cause, the tenant can terminate extraordinarily with the statutory period, unless there is good cause in the person of the third party.

Fixed-term tenancy

In a valid fixed-term tenancy under § 575 BGB, the tenancy ends on expiry of the term. If the reason for the fixed term is missing, the agreement is deemed open-ended (see the page "Tenancy agreement and deposit").

Who is responsible
  • Landlord or property management (addressee of the termination)
  • Tenants' association (Mieterverein, check of agreement and deadlines)
  • Verbraucherzentrale (consumer advice centre, general questions)
Further reading
Handover of the flat and cosmetic repairsTenancy agreement and deposit

Quick questions

Worum geht es bei „Termination by the tenant“?
How to terminate on time, which special termination rights exist and what applies to fixed-term tenancies.
Which deadlines and figures matter?
  • 3 months: Notice period for tenants: at the latest on the third working day, effective at the end of the month after next (§ 573c Abs. 1 BGB)
  • until the end of the 2nd month after receipt: Special termination after a rent increase (§§ 558, 559) (§ 561 BGB)
  • until the end of the following month: Special termination after a modernisation announcement: to be declared by the end of the month following receipt; takes effect at the end of the month after next (§ 555e BGB)
What should I do first?
  • Calculate the deadline: Plan the end of the agreement. The letter must reach the landlord by the third working day of the month.
  • Terminate in writing: Write it on paper and sign it. Secure proof of receipt, for example by delivery into the letterbox with a witness or by registered mail.
  • Plan the handover: Agree the handover date and make a protocol.
What do I need to watch out for?
  • Written form: e-mail or messenger is not enough (§ 568 Abs. 1 BGB).
  • A fixed-term tenancy generally cannot be terminated early. Special termination rights remain.
  • If the landlord refuses permission to sublet without reason, there is a special termination right with the statutory period (§ 540 BGB).
Evidence
  • Bundesministerium der Justiz, Gesetze im Internet, § 573c and § 568 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 561, § 555e, § 540 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 575 BGB, retrieved 20 September 2026
As of

September 2026 · Sources and method

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