Terminating your tenancy in Germany: notice period and sample letter

Form: on paper, signed by hand

• The notice (Kündigung) must be in writing (Schriftform) and signed by hand. An e-mail, fax, text message, WhatsApp message or a scanned letter is not enough — such a notice is invalid, even if the landlord has received it.
• If several people signed the contract as tenants, all of them must sign the notice. One tenant alone cannot end the contract for everyone.
• Address the letter to all landlords named in the contract. If the contract or the landlord names a property management company (Hausverwaltung) as the contact, send it there; if in doubt, send it to the landlord as well.
• You do not have to give a reason. State the flat, the contract and the date you want the tenancy to end, and add “or at the next possible date” in case your date is too early.

Notice period: three months

For tenants, the statutory notice period for an open-ended contract is, as a rule, just under three months (§ 573c BGB) — however long you have lived in the flat; a clause with a longer period for tenants is invalid. The rule: if the notice reaches the landlord by the third working day of a month, that month counts, and the tenancy ends at the end of the month after next. Example: if the notice arrives by Wednesday, 4 November 2026, the tenancy ends on 31 January 2027; if it arrives on 5 November, only on 28 February 2027. What counts is when the letter arrives, not when you posted it.

Saturday counts as a working day here (Federal Court of Justice, BGH, 2005); Sundays and public holidays do not. Whether the deadline moves when the third working day is itself a Saturday has not been clearly decided. Do not cut it fine: send the notice so that it arrives a few days earlier — ideally at the end of the previous month.

Proving that the notice arrived

• Einwurf-Einschreiben: the post office records when the letter was put in the landlord’s letterbox. Keep the receipt and check the delivery status online. This proves delivery, not the content — so ideally let someone watch you put the signed letter in the envelope.
• Hand delivery with a witness: a person who is not a party to the contract reads the letter, puts it in the landlord’s letterbox (or hands it over) and notes the date, time and place, with their signature. You can also hand the notice over yourself and ask for a dated, signed confirmation of receipt on a copy.
• Keep a signed copy and all proof of delivery until the deposit has been settled. A letter put in the letterbox late in the evening may only count as received the next day.

Fixed term, Kündigungsverzicht and Staffelmiete

Many contracts exclude ordinary termination for a while (Kündigungsverzicht). In a standard contract, this is as a rule only valid for up to four years from signing; until then, you can usually leave only with the landlord’s agreement or under a special right. With a stepped rent (Staffelmiete), the tenant’s right to terminate may also be excluded for at most four years from the agreement. A genuine fixed-term contract (Zeitmietvertrag) cannot be ended early with ordinary notice; it is only valid if the landlord stated a legal reason in writing when signing, such as own use — otherwise it counts as open-ended. If in doubt, have the contract checked; see also what to check in a rental contract.

The myth of three replacement tenants

Many people believe they can leave early if they find three replacement tenants (Nachmieter). There is no such general rule. The landlord only has to accept a replacement if the contract provides for it (Nachmieterklausel) or, in exceptional cases, if you have a serious reason — such as a move for work or an illness — that clearly outweighs the landlord’s interest, typically when you are still bound for a long time. Even then, the landlord may reject an unsuitable candidate. With the normal three-month period, there is usually no such claim; but you can always ask the landlord for an early termination agreement (Aufhebungsvertrag) — put it in writing.

Special termination rights

• After a rent increase: if the landlord demands an increase up to the local comparative rent or after modernisation, you can give notice until the end of the second month after receiving the demand; the tenancy then ends at the end of the month after next, and the increase does not take effect (§ 561 BGB).
• Before modernisation: after receiving a modernisation announcement, you can give notice until the end of the following month, effective at the end of the month after that (§ 555e BGB). This does not apply to minor works.
• Death of a tenant: remaining co-tenants can give notice within one month of learning of the death; heirs, if nobody continues the tenancy, also within one month — in each case with the statutory three-month period (§§ 563a, 564 BGB).
• Subletting refused: if the landlord refuses permission to sublet without a reason relating to the subtenant, you may be able to give notice with the statutory period (§ 540 BGB).

Flat shares and subtenancies

In a flat share (WG) where all flatmates signed the main contract, only all of them together can terminate. If one person wants to leave, a change of tenant needs the agreement of the landlord and the others. If you live as a subtenant (Untermieter), you give notice to the main tenant, not to the owner — as a rule also in writing with three months’ notice. For a furnished room in the main tenant’s own flat, a shorter period often applies: notice by the 15th of a month to the end of that month. More in our guides on subletting and flat share or own flat.

Sample termination letter

Send the notice in German. Fill in the parts in square brackets, print the letter, have every tenant sign it by hand and keep a copy. The text in quotation marks is the letter itself:

1. Sender (names of all tenants and the flat’s address): „[Vor- und Nachname aller Mieter], [Straße, Hausnummer, PLZ Ort]“
2. Recipient (all landlords or the property management): „[Name aller Vermieter bzw. der Hausverwaltung], [Anschrift laut Mietvertrag]“
3. Place and date: „Berlin, [TT.MM.JJJJ]“
4. Subject line: „Kündigung des Mietvertrags vom [Datum] über die Wohnung [Straße, Hausnummer, Etage, Lage]“
5. Notice (on a set date or at the next possible date): „Sehr geehrte Damen und Herren, hiermit kündige ich (kündigen wir) das oben genannte Mietverhältnis fristgerecht zum [Datum], hilfsweise zum nächstmöglichen Zeitpunkt.“
6. Request for confirmation: „Bitte bestätigen Sie mir (uns) den Erhalt dieser Kündigung und das Ende des Mietverhältnisses schriftlich.“
7. Handover: „Für die Wohnungsübergabe und die Rückgabe der Schlüssel bitte ich (bitten wir) um einen Terminvorschlag.“
8. Deposit and new address: „Bitte zahlen Sie die Kaution nach Abrechnung auf folgendes Konto: [IBAN, Kontoinhaber]. Meine (unsere) neue Anschrift teile ich (teilen wir) Ihnen rechtzeitig mit.“
9. Closing and signatures: „Mit freundlichen Grüßen“ — below it, the handwritten signatures of all tenants.

After giving notice

• Keep paying the rent until the tenancy ends. If the landlord does not confirm the end date, ask again in writing.
• Arrange a handover date, return the flat cleared with all keys and note the meter readings. How to prepare the handover and get your deposit back: deposit guide.
• After moving, register your new address at the Bürgeramt within two weeks (Ummeldung; if you move abroad, deregister) and tell your bank, insurers, employer and authorities: changing your address.
• Cancel or move contracts linked to the flat: electricity, gas, internet. Check the terms early — some contracts have their own notice periods.

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