For an ordinary open-ended lease, a tenant in Germany can give notice at any time, without a reason, and the notice period is about three months. The notice must be on paper with your handwritten signature, and it must reach the landlord by the third working day of a month. Finding replacement tenants does not by itself let you leave sooner.
This guide covers flats rented as a home. Fixed-term leases, staggered-rent leases, furnished rooms in the landlord's own flat and some special situations follow different rules, explained below. Leases for business premises are not covered.
1. The notice period: about three months
If your lease has no fixed end date, either side can end it under the statutory rules (§ 542 BGB). As a tenant you don't need a reason. The rule is in § 573c(1) BGB: notice given by the third working day of a month ends the tenancy at the end of the month after next.
- Notice that reaches the landlord by Thursday 3 December 2026 ends the tenancy on 28 February 2027.
- Notice that reaches the landlord on Friday 4 December 2026 ends it on 31 March 2027.
So one day late can cost a month's rent. Sundays and public holidays are not working days, so in some months the third working day falls on the 4th or 5th. Don't plan for the last possible day.
The tenant's period stays the same however long you have lived there. The longer periods after five and eight years apply only when the landlord gives notice. A lease clause giving the tenant a longer ordinary notice period than the statute is invalid (§ 573c(4) BGB). A fixed term, a staggered-rent lock-in or a waiver of notice is a different kind of clause (see section 4). Rent and service-charge advances stay due until the tenancy ends, even if you move out earlier.
2. How to give notice so it counts
- On paper, signed by hand. Notice of a residential tenancy must be in writing (§ 568(1) BGB), which means a document with your own handwritten signature (§ 126 BGB). An email, a WhatsApp message or a scanned letter does not meet that requirement, even if the landlord replies "noted".
- Everyone on the lease signs. If two people signed the lease as tenants, the notice should come from both. Address it to every landlord named in the lease, or to the management company if it acts for the landlord.
- Arrival is what counts. Notice takes effect when it reaches the landlord (§ 130 BGB), not when you post it. Use a method you can prove: hand delivery with a witness, a courier with proof of delivery, or registered post that records the delivery. Keep a copy of the signed letter.
- What to write. Your names, the address of the flat, that you are giving notice, and the date you expect the tenancy to end. Adding "or at the next possible date" covers a miscalculation. You can also ask for a handover appointment and give an address for the deposit.
3. Replacement tenants (Nachmieter)
Many people believe they can leave early if they find three replacement tenants. The BGB contains no rule like that. If you give notice, the notice period runs, and presenting people who would like to take over the flat does not shorten it unless one of these applies:
- A replacement-tenant clause (Nachmieterklausel) in your lease. Some leases let the tenant leave early by proposing a suitable replacement. Read the exact wording: who counts as suitable, how many people you must propose, and from when you are released.
- An agreement with the landlord (Mietaufhebungsvertrag). The landlord can agree to end the tenancy on any date. Get it in writing, with the end date, the rent up to then, the handover and the deposit. A landlord's text saying "fine if you find someone" leaves too much open.
Without either, the landlord does not have to accept your candidates. Offering them is still often the quickest way to agree an earlier date, because the landlord gets a new tenant without a gap.
4. When the three months don't apply
- Fixed-term lease (Zeitmietvertrag). A lease for a fixed period ends when that period ends. It cannot be ended early with ordinary notice (§ 542(2) BGB). For a home, a fixed term is valid only for the reasons listed in § 575 BGB (for example, the landlord's own later use), and only if the landlord gave the reason in writing when the lease was signed. Otherwise the lease counts as open-ended, and the three-month notice applies.
- Staggered rent (Staffelmiete). Where the rent rises in agreed steps, the lease may exclude the tenant's right to give notice for up to four years from when the staggered-rent agreement was made. The earliest end date is the end of that period (§ 557a(3) BGB).
- A waiver of notice (Kündigungsverzicht). Some open-ended leases say that neither side will give notice for a set time. Whether such a clause binds you depends on its wording and length. Have it checked before you plan around it, or before you assume it is invalid.
- A furnished room in the landlord's own flat. Where you rent part of a flat the landlord lives in, and the landlord mainly furnishes it, notice is possible by the 15th of a month to the end of that month (§ 573c(3) BGB, with § 549(2) No. 2 BGB). This does not apply if you live there with your family or partner on a lasting basis.
- Short temporary lets. For a home let only for temporary use, a shorter period can be agreed (§ 573c(2) BGB). Calling a lease "temporary" does not by itself make it one.
- Subletting or a shared flat (WG). If you rent your room from the main tenant, your agreement is with them, not the owner. Read that agreement; the owner's lease does not decide your notice.
5. Special rights to leave sooner
The law gives tenants a few extraordinary rights to end a tenancy. Each has its own conditions and time limits, so check them before relying on one.
- After a rent increase. If the landlord asks for an increase to the local comparative rent or after modernisation, you can give notice until the end of the second month after the request reached you. The tenancy then ends at the end of the month after next, and the increase does not take effect (§ 561 BGB). See the rent increase guide.
- After a modernisation announcement. You can give notice until the end of the month after the announcement reached you, ending the tenancy at the end of the month after next (§ 555e BGB).
- Subletting refused. If the landlord refuses permission to let the flat to someone else, you can give notice with the statutory period, unless there is an important reason concerning that person (§ 540(1) BGB). This can matter most in a fixed-term lease or one with a waiver of notice.
- Serious problems with the flat. Notice without a notice period is possible for an important reason, for example if the landlord does not give you use of the flat, or if living there seriously endangers your health (§ 543 BGB, § 569(1) BGB). Usually the landlord must first be given a reasonable deadline to fix the problem. This is the riskiest route: if the notice turns out to be invalid, the rent keeps running.
6. Before you move out
- Keep paying rent until the tenancy ends, including the months after you have moved.
- Agree a handover appointment. Take dated photos, note the meter readings and get a signed handover record (Übergabeprotokoll).
- Check what your lease says about decorating before you start; not every clause is valid, and a lawyer can check yours.
- Give the landlord your new address and bank details for the deposit. The deposit guide explains how long the landlord may hold it, and the service charge guide covers the final bill.
7. When a lawyer can help
Most tenants can give notice themselves. A housing lawyer is worth asking when the lease has a fixed term, staggered rent or a waiver of notice; when the landlord disputes your end date or refuses a replacement your lease allows; when you want to rely on one of the special rights in section 5; or before you sign an agreement to leave early.
Have the lease, any later agreements, your notice and proof of delivery, and the landlord's replies ready. You can request an English-speaking housing lawyer to review them.
Sources checked on 11 October 2026. The linked provisions are the German statutory text; the explanations here are general information.