Ending a residential tenancy in Germany is strictly regulated by the Civil Code (BGB). Failing to meet the deadline or form requirements can mean paying rent for an extra month.

The statutory three-month notice period

Under Section 573c BGB, the standard notice period for tenants with an open-ended contract is three months. The notice must reach the landlord by the third working day of a month for that month to count towards the three months. Saturday generally counts as a working day, so send your letter with time to spare.

Written form with a handwritten signature

The law requires written form (Section 568 BGB). Notice sent by email, WhatsApp or fax is invalid. The letter must be on paper and signed by hand by all tenants named in the contract.

Reliable delivery: in person or by Einwurf-Einschreiben

You have to prove that the notice arrived on time. A reliable method is the Einwurf-Einschreiben, a registered letter where the postal service records that it was put into the letterbox. Handing it over in person in front of a witness is even safer.

The myth of the three replacement tenants

Many people believe that you can move out early if you propose three replacement tenants (Nachmieter). However, the landlord does not have to agree to release you early unless a replacement tenant clause was agreed in the contract.

What to check

  • Check the calendar to make sure the letter arrives by the third working day of the month.
  • Collect the handwritten signatures of all co-tenants.
  • Send the letter by Einwurf-Einschreiben and keep the receipt.
  • Arrange a preliminary inspection before the final key handover.

Example situation

A tenant posts his notice on 1 February, it is delivered on 3 February and the notice period ends on 30 April – no rent is due for May.

Next step

Do not give notice by email: the law requires a paper letter with the handwritten signatures of all tenants.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.