Notice to vacate

Termination of a Lease - Termination of a lease is a unilateral declaration by the tenant or landlord to end an existing residential lease. German tenancy law distinguishes between ordinary termination with a statutory notice period, termination without notice for good cause, and termination for the landlord’s own use. Landlords are subject to significantly stricter requirements than tenants, as the law provides special protection for the tenant’s right to remain in the property.

Types of Termination and Statutory Notice Periods

A regular termination by the tenant is possible at any time with a notice period of 3 months (Section 573c BGB). For landlords, the notice period is extended depending on the length of the tenancy:

Tenancy duration	Notice period for landlords
Up to 5 years	3 months
5 to 8 years	6 months
More than 8 years	9 months

The landlord must also have a legitimate interest in the termination, such as personal use, significant breaches of contract, or economic utilization. Termination for personal use is the most common reason for termination: The landlord must specifically state for which person (the landlord themselves, a family member, or a member of the household) the apartment is needed.

A termination without notice under Section 543 of the German Civil Code (BGB) requires good cause-such as a payment delay of at least 2 months’ rent or a serious breach of contract. As a rule, a warning letter is required beforehand. In the case of termination without notice due to late payment, the landlord may simultaneously issue a regular notice of termination as an alternative-both declarations in a single letter are permissible.

Formality Requirements and Common Mistakes

Every termination of a lease must be made in writing (Section 568 of the German Civil Code (BGB))-a verbal termination, an email, or a text message are invalid. The termination letter must be signed by all landlords and addressed to all tenants named in the lease agreement.

Common errors that render the notice invalid:

• Missing signature of a landlord or an authorized representative without presentation of the power of attorney
• Insufficient justification for termination for personal use (too vague, no specific need stated)
• Failure to mention the tenant’s right to object (Section 574 of the German Civil Code)
• Incorrect delivery date: The notice of termination must be received no later than the third business day of a month so that the notice period runs until the end of the month following the next
• A notice of termination sent to only one of several tenants is invalid-all must be notified

In the case of a termination for personal use, the reason for termination must be specified in detail in the letter; subsequent additions are not permitted. If the notice of the right to object is missing, the tenant may invoke undue hardship even after the deadline has expired.

Right to Object and Social Clause

The tenant has the right to object to a notice of termination if moving out would constitute undue hardship for them or their family (Section 574 of the German Civil Code). This applies in particular in cases of:

• Advanced age or serious illness of the tenant or their family members
• Lack of alternative housing options in the immediate vicinity
• A particularly long tenancy (15 years or more)
• Schoolchildren who are about to take their final exams

The objection must be submitted in writing and received by the landlord no later than two months before the expiration of the notice period. In the event of a dispute, the court will then decide whether the grounds of undue hardship outweigh the termination and whether the tenancy will be extended or terminated.

Practical Tip for Landlords in Nuremberg

We have observed that notices of termination for personal use end up in court particularly frequently in Nuremberg-the Nuremberg Local Court examines the grounds very closely. We recommend that landlords document the need for personal use early and comprehensively, for example through registration certificates or employment contracts of the person requiring the property.

In sought-after neighborhoods such as Gostenhof or St. Johannis, you should also check whether the apartment is located in an area with a neighborhood preservation ordinance, as additional restrictions may apply here. In Nuremberg, there is currently no citywide neighborhood preservation ordinance, but individual neighborhoods facing increased displacement pressure are regularly reviewed.

Especially important: If, after giving notice for personal use, you do not use the apartment yourself or sublet it, you risk claims for damages from the tenant who moved out (moving costs, difference in rent compared to more expensive replacement housing). We support you in preparing and handling the process in a legally compliant manner.

Frequently Asked Questions

Can the landlord terminate the lease without cause?

No. Under German residential tenancy law, the landlord must always have a legitimate interest in the termination (Section 573 BGB). The three recognized grounds are personal use, material breaches of duty by the tenant, and the economic utilization of the property. A termination without cause is invalid for open-ended leases. Exception: For fixed-term leases (Section 575 BGB), the tenancy automatically ends upon expiration of the agreed term if a valid reason existed at the time the contract was concluded.

How much notice does the tenant have after a termination for personal use?

The notice period depends on the length of the tenancy to date: For a tenancy of up to 5 years, it is 3 months; for 5 years or more, 6 months; and for 8 years or more, 9 months. Additionally, the tenant may object to the termination if moving out would constitute an unreasonable hardship for them or their family-for example, in cases of serious illness, advanced age, or a lack of alternative housing. In the event of a dispute, the court decides on the objection.

What happens if a termination is invalid?

A termination that is formally or substantively flawed has no effect-the tenancy continues unchanged. Common grounds for invalidity include failure to comply with the written form requirement, insufficient justification of the landlord’s personal need, or failure to mention the tenant’s right to object. In this case, the landlord must issue a new, properly formatted notice of termination, which can delay the move-out date by several months.

Can the tenant terminate the lease without notice?

Yes. The tenant may terminate the lease without notice if there is good cause-for example, if the apartment is not handed over in the condition specified in the contract, if health hazards (severe mold, broken heating in winter) are not remedied, or if the landlord persistently disturbs the peace of the household. Before giving notice without notice, the tenant should report the defect in writing and set a reasonable deadline for its rectification. In such cases, we always recommend consulting a lawyer specializing in tenancy law.

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