Apartment termination
There are very few people who live in the same place their whole life. We are all constantly looking for ways to make our lives better, more beautiful, and more comfortable. And it’s no different when looking for an apartment. Everyone has their own ideas about their dream apartment, but looking for a perfect match is often a path filled with challenges and can sometimes be tiring. The better informed you are, the easier the route will be. When looking for an apartment, there is one important thing you must keep in mind when moving out of your old apartment as a tenant: the notice of termination.
In the ideal world, you would only give notice on the day of the move, but unfortunately, that is not the case in reality. At Schwalbe Moving Company we will tell you what you should consider when giving notice of termination so that you do not have to face unpleasant situations and provide you with a sample notice of termination of your tenancy below. So let’s get started!
Termination of tenancy: What should you pay attention to?
There are a number of things you need to consider when ending your tenancy: the notice period and timely termination, the correct form of termination, and the return of the apartment.
Apartment termination notice
The notice period refers to the period between the official notice of termination of the contract and the final termination of the contract. The main purpose of this period is to give both the tenant and the landlord an opportunity to prepare for the termination of the contract. This provides the landlord with enough time to find a new tenant.
Tip: Fix a last date for giving notice to avoid paying double rent!
According to the tenancy law, there are two types of termination: regular termination with notice and extraordinary termination without notice.
Regular termination of tenancy in due time: deadline
When you terminate your tenancy properly, a notice period of three months usually applies, regardless of how long you have lived in the apartment. However, it may also be the case that you have agreed to a shorter notice period with the landlord. You must ensure that you end your tenancy and notify your landlord before the third working day of the month (including Saturdays). In this case, the current month counts towards the notice period.
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For example, if you want to terminate your contract on December 31, the termination letter must reach the landlord by October 3. However, if the letter does not reach the landlord by October 4, you have missed the notice period. The termination will then be postponed by one month and you will have to pay double for another month, in this example until January. So always send the termination letter on time.
And what if I want to move out early? In that case, you as a tenant have to pay the rent for your old apartment until the end of the notice period. So whether you want to move out early or not, someone has to pay the rest of the rent. In this case, it is a good idea to suggest an interim tenant or a new tenant to the landlord. The latter can accept the offer, but he is not required to do so. The exception is perhaps if the landlord hands over the apartment to another tenant before the contract expires or if he completely remodels and renovates the apartment after the tenant moves out.
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Attention: Exclusion of termination!
It is possible that your rental agreement mentions that you are not allowed to terminate your tenancy for a certain period. Yes, it is indeed possible that the landlord may not allow you to terminate your tenancy for a certain period (up to four years). Pay attention to this when signing the rental agreement.
Extraordinary termination of tenancy without notice: deadline
With extraordinary or urgent termination of the rental agreement, you can get out of the rental agreement more quickly, but this is only possible in exceptional cases. This means that there must be a serious reason why you cannot wait for the termination period to expire. In this case, a warning must always be issued first. You can terminate the contract earlier in the following situations:
- The contractual agreements are not complied with.
- The landlord enters the apartment without permission.
- The landlord disturbs the peace of the house.
- There is a health hazard.
- There are serious defects.
Special termination
Special termination is only possible in certain cases. Special notice periods apply. Have you signed a termination waiver or a temporary rental agreement? Then this type of termination is very interesting for you. It applies in the following cases:
- Renovation: If the landlord wishes to modernize or renovate the apartment on such a large scale that it would disturb you as a tenant, you can terminate the contract at the end of the next month after the landlord gives you a notice to this effect.
- Rent increase: If the landlord has increased the rent, you can terminate the contract after checking the increase by the end of the next month. The notice period is then 3 months.
- Health hazard: Is there mold or disrepair in your home? In this case, the notice period is completely waived.
- Death of tenant: Has the friend or acquaintance with whom you lived in the apartment died? In this case, you can terminate the contract within a month with a notice period of 3 months..
The correct form of termination
Do you want to terminate your tenancy? Then verbal termination is not enough. In this case, you must notify your landlord in writing and all tenants must sign the termination letter themselves. Termination by phone, SMS, or email is therefore not permitted. You must inform all landlords about the termination and do not need to state the reason for the termination. Termination by an authorized representative is also possible, provided a signed power of attorney is attached. It would be good if you could prove that the landlord has definitely received the termination, for example by registered mail or by a third party.
Apartment termination template
Schwalbe Moving Company will be happy to help you with a template to terminate your rental agreement. You can use our free template to terminate your tenancy.
You should also consider the following when returning your apartment:
Finally, we would like to briefly mention that as a tenant you are obliged to leave the apartment in the condition agreed in the rental agreement. The cosmetic repair clause in the rental agreement states whether you have to renovate. If you rented the entire house, an apartment handover protocol must be drawn up in which the condition of the rooms and any damage is recorded.
Tips on how to proceed on the topic of confirmation of residence, GEZ and landlord.