Whether it is a house move, a change of employment or a requirement to occupy the property personally: anyone wishing to bring a residential tenancy to an end must observe fixed notice periods (Kündigungsfristen). These periods are set out in the German Civil Code (Bürgerliches Gesetzbuch) and cannot be shortened at will by an ordinary tenancy agreement. Anyone who overlooks them will quickly find themselves paying one or more months' rent longer than planned.
The central provision is § 573c BGB (German Civil Code). It governs the length of the period and from which point it runs. It is important to note from the outset that a different period applies to the tenant than to the landlord, and that the landlord always additionally requires a legally recognised ground for termination (Kündigungsgrund). This article sets out both sides of the equation and identifies the most common pitfalls.
The Statutory Basis: § 573c BGB
For open-ended residential tenancies, the ordinary notice period (ordentliche Kündigungsfrist) under § 573c BGB applies. Under subsection 1, sentence 1, the basic period is three months. It initially applies equally to both parties but becomes longer for the landlord as the length of the tenancy increases. The decisive date for calculation purposes is not the date on which notice is sent, but the date on which it is received by the other party.
These periods are mandatory for the benefit of the tenant. Under § 573c subsection 4 BGB, any agreement that deviates from the statutory periods to the detriment of the tenant is void. A clause that, for example, imposes a six-month notice period on the tenant therefore has no effect. Conversely, a contract may perfectly well grant the tenant shorter or equivalent periods.
Notice periods are not a matter for negotiation: they cannot be contractually shortened to the detriment of the tenant.
The Tenant's Notice Period: Almost Always Three Months
For the tenant, the basic period of three months remains unchanged, regardless of how long they have lived in the property. Someone who has lived there for twelve years has the same period as someone who moved in only a year ago. The tenant is also not required to state a reason when giving ordinary notice of termination (ordentliche Kündigung).
By way of example: if the tenancy is to end on 31 October, the written notice of termination (Kündigung) must be received by the landlord no later than the third working day of August. If it is not received until 5 August, the end of the contract shifts to 30 November. It is precisely on this grace day (Karenztag) that most notices of termination fail in practice.
The Landlord's Notice Period: Graduated According to Length of Tenancy
For the landlord, the period increases with the duration of the tenancy. Under § 573c subsection 1, sentence 2 BGB, a graduated scale applies; the relevant factor is the actual period of occupation of the property, not the date on which the contract was concluded:
- Up to 5 years of tenancy: three months' notice
- More than 5 years: six months
- More than 8 years: nine months
By way of example: if the tenant has lived in the property for nine years, the landlord must observe a nine-month notice period. If the landlord wishes to terminate with effect from 31 December, the notice of termination must be received by the third working day of March.
It is also crucial to note that the landlord cannot simply terminate without a reason. Under § 573 BGB, the landlord requires a legitimate interest (berechtigtes Interesse) in bringing the tenancy to an end. Typical cases include a requirement to occupy the property personally (Eigenbedarf) under § 573 subsection 2 no. 2 BGB, or a material breach of contract (erhebliche Vertragsverletzung) by the tenant. A notice of termination that omits the required reason, or in which the stated reason does not hold up, is void, even if the notice period was observed.
The Grace Day: By the Third Working Day
Under § 573c subsection 1, sentence 1 BGB, notice of termination must be received by the third working day of a calendar month in order for that month to count towards the period. Working days are Monday to Saturday; Sundays and public holidays are excluded. Saturday counts as a working day under the consistent case law of the Federal Court of Justice (Bundesgerichtshof), with one important exception: if the third working day falls on a Saturday, the end of the deadline shifts to the following working day.
As regards receipt, the relevant provision is § 130 BGB. The notice of termination only takes effect once it has entered the recipient's sphere of control (Machtbereich) in such a way that, under normal circumstances, it can be expected to come to their attention. Delivery through a letterbox late in the evening is generally not treated as received until the following day. As to form, § 568 BGB mandatorily requires written form (Schriftform): the notice of termination must be on paper and signed by hand. A notice of termination sent by email or messenger is void.
Where the Contract Departs from the General Rule
Not every tenancy agreement is a standard open-ended contract. In the case of a genuine fixed-term tenancy (Zeitmietvertrag) under § 575 BGB, ordinary termination during the agreed term is generally excluded; the tenancy ends automatically on the agreed date, but this requires a legally recognised ground for the fixed term. If no such ground exists, the contract is treated as open-ended.
Also common are clauses excluding or restricting ordinary termination (Kündigungsverzichts- oder Mindestlaufzeitklauseln), under which both parties waive the right to give ordinary notice for a specified period. Under the case law of the Federal Court of Justice (Bundesgerichtshof), such a mutual waiver is permissible for up to four years. After that, the normal right to terminate revives.
Termination Without Notice as an Exception
Distinct from the ordinary periods is extraordinary termination without notice (außerordentliche fristlose Kündigung) for good cause (aus wichtigem Grund) under § 543 BGB. This brings the tenancy to an immediate end but requires a serious ground. For the landlord, the most important case is rent arrears: under § 543 subsection 2 no. 3 in conjunction with § 569 subsection 3 BGB, the landlord may terminate without notice if the tenant is in arrears of two months' rent. The tenant may still avert this termination by making full payment within the protective period (Schonfrist) of two months following service of possession proceedings.
The tenant may also terminate without notice, for example if the property has significant defects and the landlord fails to remedy them despite the setting of a deadline, or in cases of a health hazard under § 569 subsection 1 BGB.
If you are uncertain whether your notice of termination is valid, or whether a notice of termination you have received will stand, Kanzlei Ertogan will review your documents and the applicable periods and advise you on the most appropriate next step, in German, Turkish or English.