Kündigung from your landlord: what a termination letter means

Form: in writing and signed

A landlord's termination of a residential lease must be in written form with a handwritten signature (§ 568 BGB). A termination by email, text message or messenger is generally not valid. The letter should state the reasons for the termination. Check who signed it: the landlord, all landlords if there are several, or a property manager with authority.

Ordinary termination: reason and notice period

For an ordinary termination (ordentliche Kündigung) of a standard rental contract, the landlord needs a legitimate interest (berechtigtes Interesse, § 573 BGB). Common reasons are personal need (Eigenbedarf — the landlord or a family member wants to live in the flat) or a significant breach of the contract by the tenant. A higher rent from a new tenant is not a valid reason.

The statutory notice period for landlords depends on how long you have lived in the flat (§ 573c BGB): generally three months; six months after five years; nine months after eight years. The notice must reach you no later than the third working day of a month to count for that month.

Termination without notice

A fristlose Kündigung (termination without notice) is only possible for serious reasons, for example significant rent arrears. In cases of rent arrears, paying the full arrears within a certain period can in some cases make such a termination invalid — the rules are complex, so get advice immediately. If you receive benefits, ask your Jobcenter or Sozialamt whether rent arrears can be covered.

Hardship objection

Even if the termination is valid, you can object to it if moving out would mean unjustifiable hardship (Härte) for you or your family — for example because of serious illness, old age, pregnancy or a lack of suitable replacement housing (§ 574 BGB). The objection (Widerspruch) must be in writing and generally has to reach the landlord no later than two months before the end of the tenancy.

What the landlord may not do

The landlord may not simply change the locks, remove your belongings or cut off water or electricity to force you out. If you do not move out, the landlord has to file an eviction lawsuit (Räumungsklage) in court. Only a court decision allows an eviction. Court letters always need an immediate response — get help.

Key German words

What to do

1. Note the date you received the letterKeep the envelope. Write down the end date stated in the letter.
2. Check form and reasonsIs it signed on paper? Are reasons stated? Which notice period applies to you?
3. Get advice immediatelyContact a tenants' association or a lawyer. With low income, ask about Beratungshilfe.
4. Do not sign anything quicklyDo not sign a termination agreement (Aufhebungsvertrag) or confirmation before getting advice.
5. Respond in writingReply, object or raise hardship in writing and keep proof of sending.

Useful German phrases

• Ich habe Ihre Kündigung vom … am … erhalten.I received your termination dated … on …
• Ich widerspreche der Kündigung.I object to the termination.
• Bitte teilen Sie mir die Gründe für die Kündigung ausführlich mit.Please explain the reasons for the termination in detail.
• Ich berufe mich auf einen Härtefall gemäß § 574 BGB.I invoke hardship under § 574 of the Civil Code.
• Ich lasse die Kündigung rechtlich prüfen.I am having the termination legally checked.

Where to get free or low-cost help

• Mieterverein (tenants' association)Local tenants' associations give legal advice on rent, utility bills and terminations to their members for a membership fee. Many are members of the Deutscher Mieterbund.
• Beratungshilfe (legal advice aid)If your income is low, you can apply at your local Amtsgericht (district court) for a Beratungshilfeschein. With it, a lawyer can advise you for a small fixed fee.
• Migrationsberatung für erwachsene Zuwanderer (MBE)Free, confidential counselling for immigrants aged 27 and over, offered by welfare organisations with federal funding. Counsellors help you understand letters, fill in forms and contact authorities. Find an office near you with the BAMF-NAvI search.

Official sources

• German Civil Code, § 568 — form of termination
• German Civil Code, § 573c — notice periods
• German Civil Code, § 574b — form and deadline of the hardship objection
• Deutscher Mieterbund (mieterbund.de)