Tenancy law: The tenant's and landlord's notice of termination

If you have found a nicer flat or even a house that suits you better and that you like, the first step has been taken. Now, however, you still need to give notice on your current rental flat before moving out. A notice of termination is a declaration in which it becomes clear that the existing tenancy is to be terminated - so far, so good. However, there are a few subtleties to this step that must be observed and the tenant should be aware of. Otherwise, there is a risk that the tenancy agreement will continue to run after you move out and the costs will increase, which can quickly become very unpleasant. This must be avoided at all costs. The most important points of a tenancy termination are outlined below so that no legal disputes stand in the way of moving out. In most cases, tenancy law allows the tenant to terminate a tenancy without giving reasons. Exceptions to this are fixed-term tenancy agreements. With these, it is not possible to terminate the tenancy agreement before the term ends. In this case, the tenant and landlord must comply with the statutory deadlines. A blog entry has already been written on the subject of fixed-term tenancy agreements. If you would like to know more about this, you are welcome to click here: Fixed-term tenancy agreement in residential tenancy law

How should the tenancy agreement be terminated? Is a special form required?

The cancellation of a rental property must always be in writing and on paper. A verbal cancellation or a cancellation by email/fax is not sufficient. In addition, the handwritten signatures of all main tenants are required, as without these, the cancellation is invalid according to § 568 BGB.

Legal advice on tenancy bonds and rent increases per Registered mail

To ensure that you have a certain degree of certainty that the tenant has received the notice of termination, you should always use a registered letter. However, there are different forms, each of which must be assessed differently.

With a Registered mail the postman confirms that he has deposited the letter in the recipient's mailbox. With the Handover enrolment the letter is handed to a person who signs to confirm that they have received the letter. This is the only way the postman can hand over the letter.

Then there is the Registered mail with personalised transfer of ownership and a Registered mail with return receipt. With the first option, the letter is only handed over by the postman to the person named on the letter. This means, for example, that the spouse living in the household cannot accept the registered letter. In this case, the specifically named recipient is asked to sign for the letter when it is handed over by the postman. In the second variant, a return receipt is filled out at the post office and attached to the letter. Two signatures are requested from the person receiving the letter - one electronically and one on the return receipt. This signed return receipt is sent to the sender's home address.

If the postman is unable to find the recipient but requires his signature, he will simply inform him in writing that a registered letter (except for the registered letter!) has been delivered for him at a post office. In such a case, the time of receipt is when the letter is collected. The risk with these variants is that the letter is delayed or even not collected at all and therefore reaches the recipient late or not at all. This can be avoided by using registered post.

Messenger service with probative value

Another option is the messenger service with probative value. In this case, a bailiff can be commissioned for a relatively high fee. The bailiff will deliver the letter of cancellation to the landlord/tenant and confirm it without any doubts or legal problems.

Alternatively, the tenant/landlord can also personally drop the notice of termination in the other party's letterbox. However, it is important that ideally one or more witnesses can confirm this in case of doubt. This confirms that this letter has actually landed in the landlord/tenant's letterbox.
However, the safest option is probably to hand over the property in person and have the other person sign for receipt. This option is probably only possible if the relationship between the tenant and landlord has not broken down.

If notice of termination is given by an authorised representative (e.g. a lawyer), the letter itself must contain a clear reference to the representative relationship or authorisation.

What must be included in a letter of cancellation?

In principle, an informal letter is sufficient for a tenant to give three months' notice of termination. This must be addressed to the landlord and signed by all the main tenants. The tenant does not have to give any specific reasons. However, it is advisable to include some information in the letter of termination to be on the safe side. This reduces the likelihood of a dispute arising between the two parties.

The letter should therefore include the exact address of the rented flat, the date on which the flat is to be terminated as well as a request to the landlord to confirm the termination and a note that the tenant will contact the landlord regarding the handover date. In addition, it is always a good idea to add a sentence stating that if the landlord receives the letter late, the cancellation will take effect on the next possible date.

Extraordinary termination without notice by the tenant is only possible with a valid and comprehensible reason. For example, if the rented property is a health hazard. The tenant also has a special right of termination if, following a previously announced refurbishment of the rental property, the rent is adjusted to the local comparative rent and therefore increased. If a landlord terminates a tenant's tenancy on the grounds of personal use, he is bound by the statutory notice periods for ordinary termination in accordance with 573c BGB. It should be noted here that the length of the tenancy determines the notice period (staggered according to years of tenancy).

What deadlines must be observed when cancelling a tenancy?

In most cases, the statutory notice period of three months applies to the termination of a tenancy agreement. More favourable notice periods for the tenant can be agreed individually with the landlord. An extension to the disadvantage of the tenant is excluded. In addition, the tenant can only terminate the rental property at the end of the month, i.e. at the end of the last month. It should also be noted that the notice of cancellation must be received by the landlord no later than the third working day of the month. These three days are also known as the "waiting period", whereby Saturdays are also working days. The only exception to this is if the third day falls on a Saturday. In this case, it does not count and the tenant may still give notice until Monday. If the letter of cancellation is not received within these three days at the latest, it will only take effect one month later.

Of course, there are also special cases where termination without notice and not the three-month notice period applies. However, this is only possible under certain circumstances.

Impossibility of use in accordance with the contract

If the rental property cannot be handed over on time or if the landlord has, for whatever reason, changed the lock on the rental property during the course of the tenancy, the tenancy can be terminated without notice. A heavy infestation of vermin or the absence of doors or windows may also be sufficient grounds for termination without notice.

Health-endangering condition of the flat

If there is an excessive infestation of mould in the flat or if toxic building materials (asbestos) have been used, an unacceptable condition may exist which entitles the tenant to terminate the tenancy without notice. The only disadvantage of such grounds is that the tenant bears the burden of proof. In most cases, an expert has to prove that such a condition exists. This in turn results in wasted costs for the tenant if the flat is not classified as unhealthy after all.

Serious breach of the tenancy agreement

A serious breach of the tenancy agreement is deemed to have occurred if, for example, the landlord enters the rented property without the tenant's consent and in the absence of an emergency, cheats in the settlement of ancillary costs or refuses to pay out a balance that is due. Serious mutual insults, defamation or massive disturbance of the peace in the house also contribute to a breach of the tenancy agreement. Non-payment of rent or service charges over a longer period of time are grounds for termination without notice.

It should be noted that in certain cases the tenant has a special right of termination, for example in the event of termination due to modernisation or after a rent increase.

The most important things at a glance:

• • • The written form with a handwritten signature is mandatory.
    • In most cases, a statutory notice period of three months applies for the tenant. Regardless of how long you have rented the property.
    • In principle, the tenant does not have to give reasons for the cancellation, but the cancellation should contain the basic information and the above-mentioned instructions in order to avoid legal disputes.
    • The landlord must receive the notice of termination by the third working day of the month at the latest for the same month to count towards the deadline. It is therefore advisable to send the notice of termination earlier.
    • In exceptional cases, the landlord may also terminate the contract, in which case the staggered notice periods apply.
    • Individual notice periods can be agreed between the tenant and landlord. However, no cancellation periods may be determined to the detriment of the tenant.
    • Termination without notice requires serious grounds.

This must be included in the cancellation letter:

• • • The letter must be recognisable as a cancellation - preferably directly in the subject line!
    • If there are several landlords/tenants, the cancellation must be addressed to all of them.
    • The place and date must not be forgotten.
    • All tenants must sign the notice of cancellation in person.
    • The rental property must be described precisely - address, house number and floor.
    • For the landlord, other contents apply than for the tenant cancellation.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

If you need legal advice, please feel free to call us at 0221 - 80187670 or send us an e-mail to info@mth-partner.de

Lawyers in Cologne provide advice and representation in tenancy law.