Notice period for a rented flat: when your tenancy ends

Notice period for a flat: the table by length of tenancy

For you as a tenant, it always remains 3 months. For the landlord, the period is extended by 3 months each after 5 and after 8 years (Sec. 573c (1) sentence 2 BGB). What matters is the handover, usually the handing over of the keys, not the signing of the contract.

Length of tenancy since handover	Period if you give notice as a tenant	Period if the landlord gives notice
under 5 years	3 months	3 months
5 to under 8 years	3 months	6 months
from 8 years	3 months	9 months
after 10 years	3 months	9 months
after 15 years	3 months	9 months
after 20 years	3 months	9 months
after 25 years	3 months	9 months
after 30 years and more	3 months	9 months

Old contracts from before 1 September 2001: In the past, the periods were extended for both sides, to 12 months after 10 years. If such periods were agreed contractually before 1 September 2001, the prohibition of longer periods for tenants does not apply. However, for notices received since 1 June 2005, this exception no longer applies if the old statutory periods were only adopted by a pre-printed form clause (Art. 229 Sec. 3 (10) EGBGB). So with an old standard contract, you give notice with 3 months. Only individually negotiated periods can still bind you for longer. For the landlord, a period of 12 months may apply after 10 years, because longer periods for landlords are permitted anyway.

Calculating the notice period: how to find your end date

1. 3rd working day: If the notice is received by the 3rd working day of a month at the latest, that month counts. With 3 months, the tenancy ends at the end of the month after next (Sec. 573c (1) sentence 1 BGB).
2. Receipt, not dispatch: The notice only takes effect when it reaches the recipient, usually when it is put in their letterbox (Sec. 130 (1) BGB). The postmark does not help you.
3. Working days: Monday to Saturday count; Sundays and public holidays do not. Saturday counts (Federal Court of Justice, Bundesgerichtshof, judgment of 27 April 2005, VIII ZR 206/04). The Federal Court of Justice left open whether the deadline moves to Monday under Sec. 193 BGB if the 3rd working day is a Saturday. In that case, make sure the notice is received by Friday.

Calendar: by when must the notice be received?

Calculated with the nationwide public holidays. An additional state public holiday at the start of the month moves the 3rd working day back by one day.

Notice must be received by	End of tenancy with 3 months	with 6 months	with 9 months
Thu, 3 December 2026	28 February 2027	31 May 2027	31 August 2027
Tue, 5 January 2027	31 March 2027	30 June 2027	30 September 2027
Wed, 3 February 2027	30 April 2027	31 July 2027	31 October 2027
Wed, 3 March 2027	31 May 2027	31 August 2027	30 November 2027
Sat, 3 April 2027 (safe: Fri, 2 April)	30 June 2027	30 September 2027	31 December 2027
Wed, 5 May 2027	31 July 2027	31 October 2027	31 January 2028
Thu, 3 June 2027	31 August 2027	30 November 2027	29 February 2028
Sat, 3 July 2027 (safe: Fri, 2 July)	30 September 2027	31 December 2027	31 March 2028
Wed, 4 August 2027	31 October 2027	31 January 2028	30 April 2028
Fri, 3 September 2027	30 November 2027	29 February 2028	31 May 2028
Mon, 4 October 2027	31 December 2027	31 March 2028	30 June 2028
Wed, 3 November 2027 (with the All Saints' Day holiday: Thu, 4 November)	31 January 2028	30 April 2028	31 July 2028

Two worked examples

Public holiday at the start of the month: You want to move out on 31 July 2027. 1 May 2027 is a Saturday and a public holiday, and 2 May is a Sunday. The 3rd working day is therefore only Wednesday, 5 May 2027.

Saturday as the 3rd working day: In July 2027, Saturday, 3 July, is the 3rd working day. For the tenancy to end on 30 September 2027, deliver the notice by Friday, 2 July, to be on the safe side. If the notice only arrives on Monday, 5 July, the tenancy ends on 31 October 2027, and you pay rent for one month longer.

Notice period for tenants: 3 months without reasons

As a tenant, you do not need a reason; only the landlord must have a legitimate interest (Sec. 573 (1) BGB). How long you have lived there does not matter for you either. Your contract may give you a shorter period, for example one month. A longer period is invalid because it puts you at a disadvantage (Sec. 573c (4) BGB), and 3 months then apply.

Can I get out earlier?

• Replacement tenant: Without a provision in the contract, you have no right to move out earlier by providing a replacement tenant. Many landlords agree to it anyway.
• Termination agreement: You can agree on an earlier end at any time, ideally in writing with a date.
• Special right of termination: see below.

Notice period for landlords: 3, 6 or 9 months

The landlord needs a legitimate interest (Sec. 573 (1) BGB), above all significant culpable breaches of duty by the tenant, own use or being prevented from making appropriate economic use of the property (Sec. 573 (2) BGB). Giving notice in order to increase the rent is excluded (Sec. 573 (1) sentence 2 BGB), and the reasons must be stated in the letter (Sec. 573 (3) BGB).

Own use: The same periods of 3, 6 or 9 months apply, and after the purchase of a converted flat there is also a blocking period. Worked examples can be found in the guide Notice for own use, section on periods.

Two-family house: If the landlord lives in the building themselves and it has no more than two flats, they can give notice without a legitimate interest. Their period is then extended by 3 months, and they must state in the letter that they are relying on this rule (Sec. 573a BGB).

Objection: On grounds of particular hardship, you can object, in text form no later than 2 months before the end of the tenancy (Sec. 574, 574b BGB).

What may be in the tenancy agreement: shorter period, waiver of notice, fixed-term tenancy

If the contract does not contain a period, the law applies. If it does, this table will help:

Clause in the tenancy agreement	Valid?	What applies
Shorter period for the tenant, e.g. 1 month	yes	the agreed shorter period
Longer period for the tenant, e.g. 6 months	no (Sec. 573c (4) BGB)	3 months; exception: individually agreed old contracts from before 1 September 2001
Longer period for the landlord	yes	the agreed longer period
Shorter period for the landlord	no (Sec. 573c (4) BGB)	3, 6 or 9 months
Mutual waiver of notice	yes, within limits	permitted if individually negotiated, even for the tenant alone (Federal Court of Justice, press release no. 162/2003: waiver for 60 months); in a standard form contract, according to case law, up to 4 years from conclusion of the contract and only if it applies to both sides
Exclusion of notice with graduated rent	up to 4 years from conclusion of the graduated rent agreement	notice at the earliest with effect from the end of the 4 years (Sec. 557a (3) BGB)
Fixed-term tenancy with a reason (own use, conversion, employer-owned flat)	yes, if the reason was notified in writing when the contract was concluded (Sec. 575 (1) BGB)	ends when the term expires (Sec. 542 (2) BGB)
Fixed-term tenancy without a valid reason	fixed term: no	the contract is deemed open-ended (Sec. 575 (1) sentence 2 BGB); however, a mutual waiver of notice may apply for the agreed term (Federal Court of Justice, judgment of 10 July 2013, VIII ZR 388/12)
Contract for more than one year, but not in writing	term: no	deemed open-ended, notice at the earliest with effect from the end of one year after handover (Sec. 550 BGB)

More on graduated and index-linked rent and the limits of such agreements can be found in the guide Index-linked rent.

Special right of termination: when it is faster

In these cases, extraordinary notice is possible, even with a waiver of notice or a fixed term. The "statutory period" is 3 months, with receipt by the 3rd working day (Sec. 573d (2) BGB).

Occasion	Who may give notice	Period	Basis
Rent increase up to the comparative rent or after modernisation	tenant	until the end of the 2nd month after receipt of the increase, with effect from the end of the month after next; the increase then does not take effect	Sec. 561 BGB, details in the guide Rent increase
Announcement of modernisation	tenant	until the end of the month after receipt of the announcement, with effect from the end of the month after next	Sec. 555e BGB
Landlord refuses permission to sublet	tenant	statutory period, unless there is good cause in the person of the subtenant	Sec. 540 (1) BGB
Death of the tenant, spouse or household members take over the tenancy	those who took over	declaration within 1 month of learning of the death that they do not wish to continue	Sec. 563 (3) BGB
Death of one of several tenants	surviving tenants	within 1 month of learning of it, with the statutory period	Sec. 563a (2) BGB
Death of the tenant, nobody takes over	heir and landlord	within 1 month of learning of it, with the statutory period	Sec. 564 BGB
Sale of the flat	nobody	no special right of termination; the buyer takes over the tenancy agreement and, like any landlord, needs a reason to give notice	Sec. 566 (1) BGB

Termination without notice: Ending the tenancy with no period at all is only possible for good cause, for example where the flat poses a significant health risk or there are rent arrears of two months' rent (Sec. 543, 569 BGB), and in the case of breaches of duty usually only after a formal warning. If the tenant pays the arrears no later than 2 months after service of the eviction action, the notice for late payment becomes invalid, but only once in 2 years (Sec. 569 (3) no. 2 BGB).

Special cases: furnished flat, subletting, flat share, halls of residence

• Furnished room in the landlord's flat: notice by the 15th of a month with effect from the end of the month (Sec. 573c (3) BGB), without protection against termination, unless you live there permanently with your family or partner (Sec. 549 (2) no. 2 BGB). This also applies to such a room in the flat of a main tenant.
• Furnished flat: A self-contained furnished flat is not a special case; the normal periods apply.
• Temporary use: for example for a project. A shorter period may be agreed, and there is no protection against termination (Sec. 573c (2), Sec. 549 (2) no. 1 BGB).
• Granny flat in the landlord's house: notice without reasons with an extra 3 months (Sec. 573a BGB), see above.
• Flat share: With a joint tenancy agreement, all tenants must give notice; one alone cannot get out. With individual contracts, each person gives notice separately.
• Employer-owned flat: After the employment ends, the landlord may under certain circumstances give notice more quickly (Sec. 576 BGB).
• Student and youth halls of residence: The landlord does not need a reason for giving notice (Sec. 549 (3) BGB), but the periods of Sec. 573c BGB continue to apply, because Sec. 549 (3) BGB does not exclude them.

How to give notice correctly: form and receipt

You do not need a template, but you do need these points:

1. Written form: paper with a handwritten signature (Sec. 568 (1), Sec. 126 (1) BGB) or an electronic document with a qualified electronic signature (Sec. 126 (3), Sec. 126a BGB). A simple email, fax or messenger message is not enough.
2. Everyone involved: All tenants sign, addressed to all landlords.
3. The rented property: address, floor, position.
4. A clear declaration with the desired end of the tenancy and "alternatively on the next possible date".
5. Place and date.
6. Request for confirmation and a handover appointment.

The landlord must also state their reasons (Sec. 573 (3) BGB) and should point out your right to object (Sec. 568 (2) BGB).

Proving receipt

Method	Advantage	Disadvantage
Handover against an acknowledgement of receipt	the safest proof	the recipient must sign
Delivery to the letterbox by a messenger who knows the content	witness for content and time	the messenger should note the time
Registered mail delivered to the letterbox (Einwurf-Einschreiben)	the post office documents delivery	content not proven
Registered mail with signature on delivery (Übergabe-Einschreiben)	recipient's signature	if not collected, not received in time

Plan at least one week's buffer before the 3rd working day.

If the landlord gives notice: your next steps

You do not have to move out immediately. Do not sign anything in a hurry, and check four questions:

1. Reason: Does the letter state a specific reason or the rule for two-family houses?
2. Period: Does it fit the length of your tenancy and the day of receipt? A period calculated too short usually takes effect on the next permissible date.
3. Form: In writing, from all landlords, to all tenants?
4. Objection: Are there grounds of hardship such as age, illness or children at school? The deadline ends 2 months before the end of the tenancy.

The landlord may only have the flat cleared with an enforceable court order. If they do not object to your continued use within 2 weeks after the end of the tenancy, the tenancy even continues for an indefinite period (Sec. 545 BGB).