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Tenancy Agreement Termination Notice Template for Germany

A formal notice document governed by German law (specifically the German Civil Code - BGB) used to terminate a tenancy agreement. The document must comply with strict German legal requirements regarding form, content, and delivery. It includes essential elements such as clear identification of parties, property details, specific termination date, and must be provided with appropriate notice periods as prescribed by German law. The notice must be in writing with an original signature, as electronic form is insufficient under German legal requirements. Different rules apply depending on whether the terminating party is the landlord or tenant, with landlords typically requiring legally valid reasons for termination.

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What is a Tenancy Agreement Termination Notice?

The Tenancy Agreement Termination Notice is a crucial document in German property law, used when either a landlord or tenant wishes to end a rental agreement. It must strictly comply with the German Civil Code (BGB), particularly sections §564-574, which govern residential and commercial tenancy terminations. This document is required whenever a party wishes to formally end a tenancy agreement, whether it's an ordinary termination with standard notice periods or an extraordinary termination for serious causes. The notice must contain specific elements including party details, property information, termination date, and valid reasons (if required). The document must be in written form with an original signature, as German law explicitly excludes electronic forms for tenancy terminations. Different requirements apply to landlord and tenant terminations, with landlords generally needing to provide legally valid reasons for termination.

What sections should be included in a Tenancy Agreement Termination Notice?

1. Sender Details: Full name and address of the person giving notice (landlord or tenant)

2. Recipient Details: Full name and address of the other party

3. Date: Current date of writing the notice

4. Subject Line: Clear indication that this is a termination notice (Kündigung des Mietverhältnisses)

5. Property Identification: Clear identification of the rental property including full address

6. Termination Declaration: Clear and unambiguous statement of termination

7. Termination Date: Specific date when the tenancy should end, considering legal notice periods

8. Key Return: Information about the process and timing of returning keys

9. Final Inspection: Request for arrangement of final property inspection

10. Signature: Original signature of the terminating party (required by German law)

What sections are optional to include in a Tenancy Agreement Termination Notice?

1. Reason for Termination: Required if landlord is terminating; optional if tenant is terminating. Includes specific legitimate reasons as per §573 BGB

2. Reference to Rental Agreement: Include when referencing specific clauses from the original rental agreement

3. Security Deposit Return: Include when addressing the return of the security deposit

4. Forwarding Address: Include when tenant is providing new address for future correspondence

5. Extraordinary Termination Justification: Include only in cases of immediate termination without notice period, citing specific reasons according to §543 or §569 BGB

What schedules should be included in a Tenancy Agreement Termination Notice?

1. Proof of Delivery: Einwurfeinschreiben or other delivery confirmation method

2. Supporting Documentation: Any relevant documents supporting the termination reason (if applicable)

3. Power of Attorney: If notice is being given by a legal representative

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use

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