Summary termination of a tenancy: when it is valid and what you can do now

What does summary termination of a tenancy mean?

With a summary termination, one party ends the tenancy immediately. The law requires good cause for this: taking into account all the circumstances, in particular any fault, and weighing the interests of both sides, the party giving notice cannot reasonably be expected to continue until the notice period expires or until the agreed end of the contract (Sec. 543 (1) BGB). So it always depends on the individual case.

Type of notice	Period	Reason required?	Legal basis
Ordinary notice by you as a tenant	receipt by the 3rd working day, end of the month after next	no	Sec. 573c (1) BGB
Ordinary notice by the landlord	3 months, after 5 years 6, after 8 years 9 months	yes, legitimate interest	Sec. 573, 573c BGB
Special termination, for example after a rent increase	statutory period, e.g. with effect from the end of the month after next	occasion set out in the law	e.g. Sec. 561 BGB
Summary termination	none, ends on receipt	good cause	Sec. 543, 569 BGB

The normal periods, with a calendar, are set out in the guide Notice period for a rented flat. You can also terminate a fixed-term tenancy or a contract with a waiver of notice without notice (Sec. 543 (1) sentence 2, Sec. 569 (5) sentence 1 BGB). The tenancy agreement cannot validly add further reasons for summary termination by the landlord (Sec. 569 (5) sentence 2 BGB).

"Without notice, alternatively ordinary notice" (fristlos, hilfsweise ordentlich): Many landlords give notice twice. If the summary termination does not hold, the tenancy is to end with the ordinary period. For this, the landlord needs a legitimate interest, for example a culpable, not insignificant breach of duty (Sec. 573 (2) no. 1 BGB).

On termination at work: summary dismissal in employment law; the umbrella term is explained in the guide Extraordinary termination.

When may the landlord terminate without notice?

The law gives examples, which are not exhaustive (Sec. 543 (1) and (2) BGB).

Reason	Legal basis	Formal warning or deadline first?	Example
Rent arrears of a certain amount	Sec. 543 (2) sentence 1 no. 3, Sec. 569 (3) BGB	no (Sec. 543 (3) sentence 2 no. 3 BGB)	two months' rent not paid
Deposit not paid	Sec. 569 (2a) BGB	no	two months' net basic rent of the deposit outstanding
Flat significantly endangered	Sec. 543 (2) sentence 1 no. 2 BGB	as a rule, yes	water damage through neglect
Unauthorised handing over to third parties	Sec. 543 (2) sentence 1 no. 2 BGB	as a rule, yes	subletting without permission
Persistent disturbance of the peace in the building	Sec. 569 (2) BGB	as a rule, yes, not for serious acts	repeated noise at night, threats against neighbours
Constantly late payment	Sec. 543 (1) BGB	yes	rent still late every month despite a formal warning

Not a reason for summary termination are, for example, own use (that is an ordinary notice, see Notice for own use) and a justified rent reduction. If the tenant rightly reduces the rent because the flat has a defect, they only owe the reduced rent (Sec. 536 (1) BGB) and to that extent do not fall into arrears.

Summary termination of a tenancy for rent arrears: how much must be outstanding?

The rent is due at the beginning of the month, by the third working day at the latest (Sec. 556b (1) BGB). Because the date is fixed by the calendar, you are in default without a reminder (Sec. 286 (2) no. 1 BGB). The landlord may terminate without notice if you

1. on two consecutive due dates are in default with the rent or a not insignificant part of it. The arrears are only not insignificant if they exceed one month's rent (Sec. 543 (2) sentence 1 no. 3a, Sec. 569 (3) no. 1 BGB), or
2. over a period of more than two due dates are in default with an amount that reaches two months' rent (Sec. 543 (2) sentence 1 no. 3b BGB).

The monthly rent includes the advance payments for operating costs (Federal Court of Justice, Bundesgerichtshof, BGH, judgment of 18 July 2012, VIII ZR 1/11), but not an outstanding additional payment from the service charge statement. Deadlines relating to the statement are explained in the guide Service charge statement deadline.

Worked example: Your rent is €900 a month, €750 basic rent plus €150 advance payment.

Case	Outstanding	Enough for summary termination?	Why
€450 each not paid for October and November	€900	no	option 1 requires more than one month's rent; €900 does not exceed €900
€900 not paid for October, €100 for November	€1,000	yes	two consecutive due dates, more than one month's rent
€300 not paid for January, €600 for March, €900 for June	€1,800	yes	over more than two due dates, two months' rent reached
€300 not paid for January, €600 for March, €600 for June	€1,500	no	two months' rent not reached; an ordinary notice may still be possible (Sec. 573 (2) no. 1 BGB; Federal Court of Justice, judgment of 10 October 2012, VIII ZR 107/12)
€180 each justifiably reduced for six months	€0	no	with a justified reduction, you only owe the reduced rent

How many reminders are needed? None, not even a formal warning (Sec. 543 (3) sentence 2 no. 3 BGB). Default requires that you are responsible for the delay (Sec. 286 (4) BGB); a lack of money does not relieve you, even if you are short of money through no fault of your own (Federal Court of Justice, judgment of 4 February 2015, VIII ZR 175/14). An excessive reduction is risky: whatever you withhold too much becomes arrears, even if you were negligently mistaken about the cause of the defect (Federal Court of Justice, judgment of 11 July 2012, VIII ZR 138/11).

Exceptions and bars:

• If you pay everything before the notice arrives, it is excluded (Sec. 543 (2) sentence 2 BGB). If you set off a counterclaim without undue delay after the notice, it becomes invalid (Sec. 543 (2) sentence 3 BGB).
• For residential space let for temporary use only, the threshold of "more than one month's rent" does not apply (Sec. 569 (3) no. 1 sentence 2 BGB).
• After you have been ordered by a final judgment to agree to a rent increase, the landlord may only terminate for late payment two months later, unless the previous rent is already outstanding to an extent relevant for termination (Sec. 569 (3) no. 3 BGB).

Summary termination for an unpaid deposit

If you are in default with the deposit in the amount of two months' rent, the landlord may terminate without notice and without a formal warning (Sec. 569 (2a) BGB). The calculation is without operating costs, so with a basic rent of €750, from €1,500 of outstanding deposit. You may pay a cash deposit in three monthly instalments (Sec. 551 (2) BGB). The grace period also applies here.

Grace period: making the notice invalid by paying the arrears

The summary termination for late payment also becomes invalid afterwards if, no later than two months after the eviction action becomes pending, the landlord receives all the rent due and the compensation for use (Nutzungsentschädigung) due, or a public body undertakes to pay it (Sec. 569 (3) no. 2 sentence 1 BGB). The action becomes pending when it is served on you (Sec. 253 (1), Sec. 261 (1) ZPO).

Example with a calendar:

• Thursday, 10 December 2026: you receive the summary termination.
• Tuesday, 16 February 2027: the eviction action is served on you. The grace period runs from now.
• Friday, 16 April 2027: by the end of this day, all the arrears must have reached the landlord or the undertaking of the job centre (Jobcenter) or social welfare office (Sozialamt) must be available (Sec. 187 (1), Sec. 188 (2) BGB).

What matters:

• In full: everything due by then, including for the months after the notice. Partial payments are not enough.
• Public body: If you receive basic income support (Grundsicherungsgeld) for accommodation and heating, the job centre can take over rent debts and should do so if you would otherwise become homeless, as a rule as a loan (Sec. 22 (8) SGB II); for social assistance, the social welfare office (Sec. 36 (1) SGB XII). The court reports eviction actions for late payment to these bodies (Sec. 22 (9) SGB II, Sec. 36 (2) SGB XII). Still, submit your application yourself immediately.
• Only once in two years: If, in the two years before, the notice was preceded by another notice that became invalid in this way, the grace period does not help a second time (Sec. 569 (3) no. 2 sentence 2 BGB).

The ordinary notice remains. If the landlord gave notice "alternatively with ordinary notice", under current law the payment within the grace period only removes the summary termination. The Federal Court of Justice does not apply the grace period to the ordinary notice; whether the landlord may still rely on it after prompt payment is a question of the individual case (explanatory memorandum to the government bill, Bundestag printed paper BT-Drucksache 21/6807, p. 28, referring to BGH VIII ZR 6/04, VIII ZR 231/17 and VIII ZR 91/20). The bill of 1 July 2026 aims to change this: once during the tenancy, payment within the grace period is also to remove an ordinary notice for late payment. As of 13 November 2026, this is not in force.

What an eviction action costs and how long it takes is explained in the guide Eviction action.

When may the tenant terminate without notice?

You as a tenant can also terminate without notice if you cannot reasonably be expected to continue living there:

Reason	Legal basis	Required first
The flat is not handed over in time, or use is wholly or partly withdrawn from you	Sec. 543 (2) sentence 1 no. 1 BGB	reasonable deadline to remedy (Sec. 543 (3) BGB)
Significant health risk from the flat	Sec. 569 (1) BGB	as a rule, deadline to remedy
Persistent disturbance of the peace in the building by the landlord	Sec. 569 (2) BGB	as a rule, formal warning
Other serious breach of duty by the landlord	Sec. 543 (1) BGB	as a rule, formal warning

Health risk, for example from mould: Not every stain is enough; the risk must be significant. The right to terminate even exists if you knew about the condition when you moved in (Sec. 569 (1) sentence 2 BGB). Document everything with photos, a notice of defects and medical records. If the risk is not significant, you still have a rent reduction (Sec. 536 BGB) and damages (Sec. 536a BGB).

Use withdrawn: If you knew about the defect when the contract was concluded, the right to terminate may be excluded here (Sec. 543 (4) sentence 1 in conjunction with Sec. 536b BGB). In a dispute, the landlord must prove that they remedied the situation in time (Sec. 543 (4) sentence 2 BGB).

When may you move out? If your notice is valid, immediately. If it is invalid, the contract continues and you owe rent. So give ordinary notice in the alternative; the tenancy then ends at the latest with the normal period (Sec. 573c (1) BGB). If the landlord culpably caused your notice, they may have to reimburse you, for example, for moving costs.

Formal warning: when it is needed and when not

If the good cause is based on a breach of duty, the notice is only permissible after a reasonable deadline to remedy has expired without success or a formal warning has had no effect (Sec. 543 (3) sentence 1 BGB). This applies to both sides.

No formal warning is needed if

• a deadline or formal warning obviously offers no prospect of success,
• immediate termination is justified for special reasons after weighing the interests, for example in the case of violence or serious threats,
• the tenant is in default with the rent to the extent set out in Sec. 543 (2) sentence 1 no. 3 BGB (Sec. 543 (3) sentence 2 BGB),
• the tenant is in default with the deposit to the extent set out in Sec. 569 (2a) BGB.

A formal warning describes the misconduct specifically and announces consequences. In writing, it is easier to prove.

Form: what the summary termination must contain

Every notice must fit the individual case. It must meet these points:

• Written form: The notice must be signed by hand (Sec. 568 (1), Sec. 126 (1) BGB). The electronic form with a qualified electronic signature is not excluded (Sec. 126 (3), Sec. 126a BGB). A simple email, text message, WhatsApp or fax is not enough.
• Reason: The good cause belongs in the letter of termination (Sec. 569 (4) BGB). For rent arrears, this means: which months, which amounts.
• Everyone involved: If there are several tenants, the notice must be addressed to all of them; if there are several landlords, it must be given by all of them.
• Receipt: The notice takes effect when it is received (Sec. 130 (1) BGB). Use a messenger or registered mail delivered to the letterbox (Einwurf-Einschreiben), and note the date and content.
• Promptly: There is no fixed deadline as in employment law; Sec. 314 (3) BGB does not apply alongside Sec. 543, 569 BGB (Federal Court of Justice, judgment of 13 July 2016, VIII ZR 296/15). However, anyone who waits a very long time risks forfeiting the right to terminate if the other party was entitled to trust that notice would no longer be given.

When is a summary termination invalid?

If one of these points applies, the notice may be invalid:

• no good cause, or the arrears do not reach the thresholds, for example because of a justified reduction,
• a required formal warning or deadline to remedy is missing,
• neither a handwritten signature nor a qualified electronic signature, for example with notice by simple email,
• the reason for termination is missing from the letter,
• arrears paid before receipt, set off without undue delay or settled within the grace period,
• the reason is only in the tenancy agreement, not in the law (Sec. 569 (5) sentence 2 BGB).

Received a summary termination: what you should do now

1. Record the date: Note when you received it, and keep the envelope and the letter.
2. Do not sign anything, do not move out: A notice is not an eviction.
3. Settle the arrears: Pay everything due as quickly as possible or apply immediately to the job centre or social welfare office to take it over. Do not wait for the action.
4. Gather documents: bank statements, notices of defects, photos, formal warnings, tenancy agreement.
5. Have it checked: A tenancy lawyer checks the summary termination and the alternative ordinary notice.

Objection on grounds of hardship? It only exists against an ordinary notice, and not even then if there is a reason for summary termination (Sec. 574 (1) sentence 2 BGB). It must reach the landlord in text form no later than two months before the end of the tenancy; if the landlord did not inform you in good time, it can still be made at the first hearing of the eviction proceedings (Sec. 574b BGB). Against the summary termination itself, the only defence is to argue that it is invalid.

How long do you have to move out?

If the notice is valid, you must return the flat immediately (Sec. 546 (1) BGB). There is no statutory period for moving out; a deadline in the landlord's letter is not an enforceable order.

Against your will, the landlord can only get the flat back through the court:

• No self-help: Changing the locks, clearing out furniture or locking you out is unlawful interference with possession (verbotene Eigenmacht, Sec. 858 (1) BGB).
• Eviction action and judgment: Only with an eviction order may a bailiff clear the flat (Sec. 885 ZPO).
• Period to vacate: In the judgment, the court can grant you a reasonable period to vacate on application or of its own motion, no more than one year in total from the date on which the judgment becomes final (Sec. 721 (1) and (5) ZPO). For fixed-term tenancies, this only applies to a limited extent (Sec. 721 (7) ZPO).
• Compensation for use: As long as you stay after the end of the tenancy, you owe at least the agreed rent or the local comparative rent (Sec. 546a (1) BGB). The landlord can claim further damage in addition (Sec. 546a (2) BGB), but for residential space only if you are responsible for the late return, and not for the time of a period to vacate granted by the court (Sec. 571 BGB).

After a justified summary termination, the landlord can also claim damages, for example for rent lost until the flat is relet. The process, duration and costs are explained in the guide Eviction action.

For landlords: checklist before the summary termination

• Calculate the arrears: List due dates, amounts, reductions and partial payments. Is the threshold reached on the day of receipt?
• Give a formal warning: For reasons other than late payment, first give a formal warning that you can prove.
• Form: sign by hand; if there are several landlords, all of them or with an original power of attorney (Sec. 174 BGB); state the months and amounts or the misconduct; address it to all tenants with proof of receipt.
• Give ordinary notice in the alternative if there is a legitimate interest, and point out the right to object, its form and its deadline (Sec. 568 (2) BGB).
• No self-help: If the tenant does not move out, the only option is an eviction action.