Tenancy agreement; information on termination

Tenancy agreements for residential space that are not concluded for a specific period of time end when the tenant or the landlord has effectively terminated the agreement. Notice of termination must always be given in writing.

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Tenancies that are not limited in time end when the tenant or landlord has effectively terminated the tenancy.

Form of termination

Notice of termination must always be given in writing. This means that the notice of termination must be signed by hand. The written form can only be replaced by notarization or the electronic form, in which the declaring party must add their name and provide the electronic document with a qualified electronic signature; termination by simple email is not permitted. A representative must provide proof of authorization. If several persons are involved in the tenancy - e.g. spouses - the notice of termination can only be given by or to all of them.

In the event of extraordinary termination without notice for good cause, the reason must be stated in the letter of termination; in addition, the reasons for the landlord's legitimate interest (see below) must also be stated in the letter of termination in the event of ordinary termination by the landlord. If the landlord gives notice, he should also inform the tenant of the form and deadline for the right of objection in accordance with the social clause (§§ 574 ff. BGB) (see below).

Notice periods

A tenancy can be terminated by ordinary notice no later than the third working day of a calendar month for the end of the month after next. The notice period is therefore almost three months. If the tenant has lived in the apartment for at least five years, this period is extended to six months for the landlord, and to nine months if the tenancy has lasted more than eight years (Section 573 c (1) BGB).

The decisive factor is not when the notice of termination is sent, but when it is received by the landlord or tenant. It is therefore advisable to send the notice of termination by registered letter (not by registered letter with acknowledgement of receipt!) or to hand it in personally and have it receipted. If the notice of termination is received late, this does not render it ineffective; it merely postpones the date of termination of the tenancy by one month.

Protection of the tenant against termination

The landlord can only effectively terminate the tenant's contract if he has a legitimate interest in terminating the tenancy (Section 573 (1) BGB). Restrictions on protection against termination apply to the letting of furnished accommodation that is part of the apartment occupied by the landlord, to granny apartments and special tenancies.

The reasons for the landlord's legitimate interest must already be stated in the letter of termination. Reasons that are not mentioned will only be taken into account if they arise later. Section 573 (2) BGB provides an example of when the landlord has a legitimate interest. According to this, a legitimate interest exists, for example, if the tenant has culpably breached his contractual obligations to a not inconsiderable extent, if the landlord needs the apartment for himself, his family members or members of his household (personal use) or if the landlord would be prevented from making appropriate economic use of the property by continuing the tenancy and would suffer considerable disadvantages as a result.

In addition to these examples, other reasons are also conceivable; however, they must be of equal importance. Termination for the purpose of increasing the rent is not permitted.

Social clause - tenant's right to object in cases of particular hardship

Even if the landlord has given notice of termination with legal effect, the tenant can object to it and demand the continuation of the tenancy if the termination would cause particular hardship for him, his family or another member of his household, which cannot be justified even when the landlord's interests are taken into account (social clause). A particular hardship exists in particular if suitable alternative accommodation cannot be procured under reasonable conditions. However, other reasons are also conceivable, e.g. old age or serious illness; the circumstances of the individual case are decisive in each case.

The requirements and the implementation of the objection are regulated in detail in Sections 574 et seq. BGB (German Civil Code). In particular, the tenant must be aware that the objection must be declared in writing and that the letter of objection must be received by the landlord at least two months before the termination of the tenancy. However, if the landlord has not pointed out the possibility of an objection in the letter of termination as well as its form and deadline, the tenant can still lodge the objection later - up to the end of the first date of an eviction dispute.

The social clause does not apply to fixed-term tenancy agreements. The tenant cannot invoke the social clause if he has terminated the lease himself or if the landlord is entitled to terminate the lease without notice.

Extraordinary termination without notice

Tenants and landlords can terminate the tenancy without notice if the terminating party cannot reasonably be expected to continue the tenancy after weighing up the interests of both parties (Sections 543, 569 BGB; examples: Sustained disturbance of domestic peace, serious insults, threats and physical assaults).

Further information on tenancy law can be found in the information brochure "Tips for tenants and landlords", which you can download free of charge from the Bavarian state government's administration portal (see "Further links").