Termination of tenancy: A comprehensive guide for tenants and landlords

Legal basis

Tenancy law in Germany provides a comprehensive framework for the termination of tenancies. The legal provisions can be found in the German Civil Code (BGB) and include various grounds for termination as well as the deadlines and formal requirements to be observed.

Reasons for termination

1. For landlords:

• Personal use: The landlord needs the apartment for himself, his family members or members of his household.

• Breach of contract by the tenant: For example, repeated late payment or significant disturbance of domestic peace.

• Economic exploitation: The landlord can terminate the lease if the continuation of the tenancy would significantly impair the economic exploitation of the property.

2. For tenants: As a rule, tenants can terminate without giving reasons, but must comply with the statutory notice periods.

Notice periods

• For tenants: The notice period is usually three months, regardless of the length of the tenancy.

• For landlords: The notice period depends on the length of the tenancy and can vary between three months (up to five years of tenancy) and nine months (more than eight years of tenancy).

Formal requirements

Notice of termination must always be given in writing and signed by the person giving notice. An e-mail or fax does not meet the legal requirements.

Tips for a smooth termination

1. For landlords:

• Clear communication: Try to communicate the reasons for the termination clearly and comprehensibly in order to avoid misunderstandings.

  Documentation: Keep a written record of all relevant processes and communications.

2. For tenants:

• Timely notice of termination: Make sure that the landlord receives your notice of termination in good time to ensure that the notice period is observed.

  Handover protocol: Draw up a detailed protocol when handing over the apartment to avoid any later disputes about the condition of the apartment.

Conclusion

Terminating a tenancy requires attention and care from both sides. Precise knowledge of the legal framework and open communication can help to make the process as smooth as possible for all parties involved. Hochheiden Property Management is on hand to guide you through this process and offer support with any questions you may have about terminating your tenancy.

Do you have questions about terminating your tenancy or do you need support with managing your property? Contact us - we're here to help you with our expertise and experience.