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Terminating a lease without notice in Germany: grounds, form and when you have to move out

A termination without notice (fristlose Kündigung) ends a German tenancy without the usual notice periods. It is only allowed for an important reason and can be issued by the landlord as well as by you as a tenant. Here you can find out which reasons count, which form applies and how much time you have to move out after a termination without notice.

What is a termination without notice?

An ordinary termination (ordentliche Kündigung) is subject to statutory notice periods, usually three months for tenants. A termination without notice – legally an außerordentliche fristlose Kündigung – sets these periods aside. It is meant for situations in which one party cannot reasonably be expected to continue the tenancy until the end of the regular notice period.

The rules are set out in Section 543 BGB and, for residential tenancies, additionally in Section 569 BGB. They apply to open-ended and fixed-term leases as well as to sublet agreements, and therefore also to rooms in a shared flat (WG).

You can read more about regular termination in our article Ordinary termination: rights and duties for tenants and landlords.

How much time do you have to move out?

Legally, the tenancy ends as soon as the termination is received. From that moment, you generally have to return the flat immediately (Section 546 BGB). There is no fixed moving-out period. In practice, however, the situation differs depending on who terminated.

If your landlord terminates without notice

• Deadline in the termination letter: Many landlords state a date by which the flat must be vacated. Stick to it or talk to your landlord early about a later date.
• No self-help: Your landlord may not change the locks or put your belongings outside. That would be unlawful. If you do not move out, they have to file an eviction lawsuit (¸éä³Ü³¾³Ü²Ô²µ²õ°ì±ô²¹²µ±ð).
• Court-granted period: In eviction proceedings, the court can grant a reasonable period to vacate on request, up to a maximum of one year in total (Section 721 of the German Code of Civil Procedure, ZPO).
• Compensation for use: As long as you do not return the flat after the tenancy has ended, you owe your landlord compensation of at least the previous rent (Section 546a BGB).

If you need a temporary solution quickly, a room in a shared flat can bridge the time until you find your next permanent home.

If you terminate without notice yourself

If you terminate because living conditions are unacceptable, you should move out promptly. If you stay in the flat for months after a termination without notice, you expose yourself to the objection that continuing the tenancy was evidently reasonable after all.

You can also combine the termination without notice with a short run-out period (Auslauffrist), for example until the end of the month. This gives you time to move without jeopardising the termination.

When may a landlord terminate without notice?

The landlord needs an important reason, which usually lies in misconduct by the tenant.

Rent arrears

The most common reason is default on rent payments (Section 543 (2) No. 3 BGB). A termination without notice is possible if you

• are in arrears on two consecutive due dates with the rent or with an amount of more than one month's rent, or
• are in arrears with a total of two months' rent over a longer period.

In the case of rent arrears, the landlord does not need to send a warning first. A justified rent reduction does not count as arrears.

Grace period: If you pay all arrears no later than two months after the eviction lawsuit has been served, the termination without notice becomes invalid (Section 569 (3) No. 2 BGB). However, this only applies if you have not already made use of this option in the past two years. An ordinary termination issued at the same time is not affected.

Breach of contract

A serious violation of the landlord's rights can also justify a termination without notice (Section 543 (2) No. 2 BGB), for example:

• unauthorised subletting, such as renting out a room in a shared flat without the landlord's permission – read more in our article Subletting permission: tenant and landlord rights explained
• serious risk to the property, for example through gross neglect

Disturbing the peace

Anyone who persistently disturbs the peace in the building, for example through repeated excessive noise, threats or insults, also risks a termination without notice (Section 569 (2) BGB).

In both cases, the landlord usually has to send a formal warning first.

When may you terminate without notice as a tenant?

You can also terminate the lease without notice if your landlord seriously breaches their obligations.

• You are not given or are deprived of the use of the flat (Section 543 (2) No. 1 BGB): The landlord does not hand over the flat as agreed, denies you access or deprives you of essential parts of the flat.
• Serious health risk (Section 569 (1) BGB): The flat poses a serious risk to your health, for example due to severe mould or pollutants. This applies even if you knew about the condition when you moved in.
• Serious defects that are not repaired: for example a permanent heating failure in winter or water damage that makes the flat uninhabitable.
• Persistent disturbance of the peace by the landlord.

Termination due to defects: how to proceed

With defects, a termination without notice is usually the last step. For it to be valid, you should proceed as follows:

1. Report the defect in writing: Describe the defect precisely and inform your landlord in a way you can prove.
2. Set a deadline for the repair: Give your landlord a reasonable deadline to fix the defect. What is reasonable depends on the defect – a heating failure in winter justifies a much shorter deadline than a dripping tap.
3. Document everything: photos, videos, measurements, medical certificates and all correspondence with your landlord.
4. Only then terminate: If your landlord does not fix the defect within the deadline, you can terminate without notice.

You can only terminate without setting a deadline in exceptional cases, for example in the event of an acute health risk such as a gas smell or toxic mould, or if a deadline would obviously be pointless.

Often, a termination without notice is not even necessary. For less serious defects, you can reduce the rent or, under certain conditions, have the defect repaired yourself. Our article Rental defects: your rights as a tenant explains how.

Is a formal warning required before terminating?

If the reason for termination is a breach of duty, the other party usually has to receive a formal warning or a deadline to remedy the situation first (Section 543 (3) BGB). This applies to landlords and tenants alike.

A termination without a prior warning is only possible if

• a warning would obviously be pointless,
• special circumstances justify an immediate termination, such as violence or an acute health risk, or
• the landlord terminates because of rent arrears.

It is also important not to wait too long: if you know about a reason for termination and do nothing for months, you may lose the right to terminate without notice.

Termination without notice in a shared flat

In a shared flat (WG), it depends on how the contracts are set up:

• Sublet agreement with the main tenant: You have your own contract with the main tenant. The same rules as above apply to a termination without notice between you. If the landlord terminates the main tenant's lease, your right to live in the flat ends as well.
• Joint lease signed by all flatmates: A termination must be issued by all tenants or addressed to all of them. A single flatmate cannot terminate without notice on their own.

What to do if a termination without notice is unjustified

If you believe a termination without notice is unjustified, you should object in writing and seek advice quickly. Landlords often issue an ordinary termination at the same time, which takes effect if the termination without notice turns out to be invalid. You should therefore have both terminations checked.

Conversely, if you terminate without notice without sufficient reason, the termination is invalid. You will then continue to owe rent and possibly damages.

Where to get help

A termination without notice has far-reaching consequences. If in doubt, get advice, for example from your local tenants' association (Mieterverein) or a lawyer specialising in tenancy law (Fachanwalt für Mietrecht). You can find an overview of your rights as a tenant in our article Tenancy law in Germany: general information for tenants.