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Notice To Give Tenants To Vacate for Germany

Notice To Give Tenants To Vacate Template for Germany

A formal legal document used in Germany to terminate a residential or commercial tenancy agreement, governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB). This notice must comply with specific German legal requirements regarding form, content, and timing. It must include legitimate grounds for termination as per §573 BGB, appropriate notice periods according to §573c BGB, and meet strict formal requirements under §568 BGB. The document serves as an official communication initiating the process of ending a tenancy and requires careful attention to both substantive and procedural legal requirements under German law.

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Notice To Give Tenants To Vacate

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What is a Notice To Give Tenants To Vacate?

The Notice To Give Tenants To Vacate (Kündigungsschreiben) is a crucial document in German property law, used when a landlord needs to formally end a tenancy agreement. This document must be drafted in strict compliance with the German Civil Code (BGB), particularly sections §568-§573, which govern residential and commercial tenancies. The notice must include specific elements such as the clear identification of all parties, the property details, explicit termination statement, and legally valid grounds for termination. It's essential that the notice adheres to mandatory notice periods and includes all required information to be legally effective. The document is typically used in situations where the landlord has legitimate reasons for termination such as personal use, economic utilization, or substantial breach of contract by the tenant. Given the strong tenant protection laws in Germany, this document must be carefully prepared to ensure legal validity and enforceability.

What sections should be included in a Notice To Give Tenants To Vacate?

1. Sender Details: Full name and address of the landlord or property management company

2. Recipient Details: Full name(s) and current address of all tenants on the lease

3. Property Information: Clear identification of the rental property including full address and any relevant unit numbers

4. Date: Current date and the date when the notice is being served

5. Clear Statement of Termination: Explicit declaration that this is a notice to terminate the tenancy

6. Termination Date: Specific date when the tenancy will end, calculated according to legal notice periods

7. Legal Grounds: Clear statement of the legitimate reason for termination as required by §573 BGB

8. Handover Requirements: Information about property inspection and key return procedures

9. Signature: Landlord's or authorized representative's signature

What sections are optional to include in a Notice To Give Tenants To Vacate?

1. Reference to Lease Agreement: Include when referencing specific terms of the original lease that are relevant to the termination

2. Previous Communications: Include when referencing any previous relevant communications or warnings

3. Immediate Termination Details: Include only in cases of extraordinary termination under §569 BGB

4. Alternative Resolution Options: Include when offering alternative solutions or negotiation possibilities

5. Tenant Rights Information: Include when required by local regulations to inform tenants of their right to object

6. Forwarding Address Request: Include when requesting tenant's future address for security deposit return

What schedules should be included in a Notice To Give Tenants To Vacate?

1. Documentation of Cause: Evidence supporting the legitimate reason for termination (e.g., plans for personal use, renovation plans)

2. Property Condition Requirements: Detailed list of expectations for the condition of the property upon vacancy

3. Move-out Checklist: Itemized list of tasks and conditions that must be met before moving out

4. Proof of Delivery: Documentation showing the notice was properly served to the tenant(s)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
















Clauses















Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Social Housing

Relevant Teams

Legal

Real Estate Operations

Property Management

Tenant Relations

Compliance

Asset Management

Administrative Support

Document Management

Portfolio Management

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Housing Administrator

Leasing Manager

Property Administrator

Real Estate Attorney

Compliance Officer

Asset Manager

Portfolio Manager

Tenant Relations Manager

Property Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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