The Notice To Terminate Tenancy Agreement is a crucial document in German property law, used when either a landlord or tenant wishes to formally end a tenancy relationship. It must comply with the strict requirements of the German Civil Code (BGB), particularly §564 and §573c regarding form requirements and notice periods. The document is essential in both residential and commercial contexts, though residential terminations have additional protective provisions. The notice must include specific details such as the property identification, clear termination statement, and termination date. For landlord-initiated terminations, valid reasons must be stated as per §573 BGB, while tenant terminations generally don't require justification. The document serves as legal proof of the intention to end the tenancy and triggers the notice period countdown, making its proper execution crucial for both parties.
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1. Sender Details: Full name and address of the party giving notice (either landlord or tenant)
2. Recipient Details: Full name and address of the party receiving the notice
3. Date: Current date when the notice is being issued
4. Property Identification: Clear identification of the rental property including full address and any relevant unit numbers
5. Reference to Rental Agreement: Details of the existing rental agreement including its date and parties
6. Termination Declaration: Clear and unambiguous statement of intention to terminate the tenancy agreement
7. Termination Date: Specific date when the tenancy is to end, ensuring compliance with notice periods
8. Handover Arrangements: Proposed date and process for property inspection and key handover
9. Signature: Physical signature of the terminating party (required for validity under German law)
1. Reason for Termination: Required for landlord terminations under §573 BGB, optional for tenant terminations
2. Forwarding Address: New address of the departing tenant, if known and willing to provide
3. Security Deposit Return: Reference to the process and timeline for returning the security deposit
4. Outstanding Payments: If there are any rent arrears or other payments to be addressed
5. Hardship Considerations: For landlord terminations, acknowledgment of potential hardship circumstances under §574 BGB
6. Utilities Settlement: Instructions regarding the final utility readings and settlement process
1. Proof of Legitimate Interest: For landlord terminations, documentation supporting the stated reason for termination
2. Property Condition Documentation: Current photographs or condition reports of the property
3. Power of Attorney: If the notice is being given by an authorized representative
4. Receipt Confirmation: Optional acknowledgment form for the recipient to confirm receipt of the notice
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