{"id":12717,"date":"2023-11-15T09:29:58","date_gmt":"2023-11-15T08:29:58","guid":{"rendered":"https:\/\/www.kanzlei-steinwachs.de\/labor-law-judgments\/bag-judgments-2006\/termination-2\/"},"modified":"2026-10-23T09:41:09","modified_gmt":"2026-10-23T07:41:09","slug":"termination-2","status":"publish","type":"page","link":"https:\/\/www.kanzlei-steinwachs.de\/en\/labor-law-judgments\/bag-judgments-2006\/termination-2\/","title":{"rendered":"Ending a residential tenancy"},"content":{"rendered":"

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This overview concerns ending residential tenancies under German law. Commercial premises and special contract types may follow different rules. Have a notice or court document reviewed promptly and record the date it was received.<\/p>\n

Ordinary notice and grounds<\/h2>\n

For an indefinite residential tenancy, notice by a tenant and notice by a landlord must be distinguished. Section 573 BGB generally requires a legitimate interest for ordinary notice by a landlord; the relevant grounds must be stated in the notice. Statutory special cases require a separate review. Notice periods under section 573c BGB depend, among other things, on who gives notice and how long the accommodation has been provided. Contract type, receipt and special rules matter.<\/p>\n

Form and receipt<\/h2>\n

Section 568 BGB requires written form for termination of a residential tenancy. Whether form, representation, the addressee and receipt are sufficient in a particular case must be checked against the document. This rule cannot simply be extended to every termination of a commercial tenancy.<\/p>\n

Immediate termination and rent arrears<\/h2>\n

Extraordinary termination without notice requires an important reason. With rent arrears, sections 543 and 569 BGB and the precise payment position must be examined. Notice alone does not automatically result in immediate forced eviction; the statutory enforcement requirements must be met.<\/p>\n

Payment within the statutory grace period and other objections<\/h2>\n

Section 569(3), point 2 BGB can make immediate termination for rent arrears ineffective if its conditions are met. Under Federal Court of Justice case law, an additional ordinary notice does not automatically become ineffective as a result. Each notice requires a separate review. A hardship objection under sections 574 onwards BGB may be available against ordinary notice; its conditions and deadlines must be checked individually.<\/p>\n

Documents for an enquiry<\/h2>\n