Notice periods for a German residential tenancy

The statutory period

§ 573c (1) BGB: termination is allowed at the latest on the third working day of a calendar month, to take effect at the end of the month after next. For example, notice that arrives on 3 March at the latest ends the lease on 31 May.

For the landlord, the period lengthens by three months after five years, and by another three months after eight years, since the home was handed over to the tenant:

A clause that departs from this to the tenant’s disadvantage is void (§ 573c (4)). A shorter period may be agreed for housing let only for temporary use (§ 573c (2)). For a furnished room inside the landlord’s own home that the landlord must furnish (§ 549 (2) No. 2), notice must be given by the 15th of a month to end at the end of that month (§ 573c (3)).

Form

Termination needs written form (schriftliche Form, § 568 (1)). The Code uses a different, lighter category, “text form”, for other steps such as an objection (§ 574b), so do not assume an email is enough for a notice. The landlord should also point out the possibility, form and deadline for the tenant’s objection on hardship grounds (§ 568 (2)), and must state the reasons for the legitimate interest in the letter (§ 573 (3)).

What the landlord needs

A landlord can end an open-ended lease only with a legitimate interest, and not in order to raise the rent (§ 573 (1)). Examples are a significant culpable breach by the tenant, own-use need, and being prevented from an appropriate economic use (§ 573 (2)). See owner-occupation notice.

Two simplifications: where the landlord lives in a building with no more than two flats, the landlord may terminate without a legitimate interest, but the period is extended by three months (§ 573a (1)). The same applies to a room within the landlord’s own flat unless excluded under § 549 (2) No. 2 (§ 573a (2)). The letter must state that it relies on this provision (§ 573a (3)).

If you object

The tenant can object to a landlord’s notice and request continuation if ending the lease would mean a hardship that cannot be justified even with regard to the landlord’s interests (§ 574). The objection must be in text form and the landlord can refuse continuation if it is not declared at least two months before the lease ends; if the landlord did not point out the possibility, form and deadline in good time, the tenant can still object at the first hearing of the eviction proceedings (§ 574b).

Tenant’s special rights to leave

• After a rent rise under § 558 or § 559: by the end of the second month after the request arrives, effective at the end of the month after that; the rise then does not apply (§ 561).
• For good cause without notice (fristlose Kündigung): § 543 allows either side to terminate for an important reason, for example if the home’s use is not granted or is withdrawn, or the tenant falls behind with rent for two consecutive dates or a not insignificant part of it (§ 543 (2)). A warning or a deadline is normally required first if the reason is a breach of duty (§ 543 (3)). For a health-endangering home see § 569 (1).
• Death of the tenant: if no entitled person takes over, the tenancy continues with the heir, and either heir or landlord may terminate with the statutory period within one month of learning that no one has entered (§ 564).

Fixed-term leases

A lease for a fixed term is allowed only where the landlord, after the term, wants to use the home for themselves or relatives or household members, wants to demolish or substantially change or renovate it, or wants to let it to an employee, and tells the tenant the reason in writing when the contract is signed. If not, the lease counts as open-ended (§ 575 (1)). Four months before the end the tenant can ask whether the reason still exists, and the landlord must answer within one month (§ 575 (2)).

Deadlines in practice

A worked calculation (not a real case): a tenant who has lived in the home for seven years and whose notice is received on 3 June at the latest ends the lease on 31 August. A landlord’s notice received on the same date after seven years ends the lease six months later, on 30 November (three months plus three for the five-year step; the next step comes only after eight years).

Keep proof of delivery. Sending the letter early in the month keeps you inside the deadline.

Which professional to consult

A tenants’ association or a lawyer specialised in tenancy can check form and deadlines. Payotte does not recommend individuals.