The 120 Days Notice To Vacate is a crucial document in German property law, used when a landlord needs to terminate a lease agreement while complying with extended notice period requirements. It is particularly relevant in situations where the standard three-month notice period is extended by contract or law to 120 days. This document must be carefully drafted to ensure compliance with the German Civil Code (BGB), including specific form requirements, proper calculation of notice periods, and where necessary, legitimate reasons for termination. It's essential in both residential and commercial property management in Germany, requiring careful attention to tenant protection laws and procedural requirements. The document serves as formal notification and must include specific details about the property, parties involved, and termination dates, while potentially also addressing matters such as property handover procedures and final settlement terms.
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1. Sender Details: Full name and address of the landlord/property owner or authorized representative
2. Recipient Details: Full name(s) and current address of all tenants on the lease agreement
3. Date: Current date of the notice issuance
4. Property Identification: Complete address and description of the rental property, including any specific unit numbers or identifiers
5. Reference to Lease Agreement: Details of the original lease agreement including date of execution
6. Notice Declaration: Clear and unambiguous statement of termination with specific end date, calculated in accordance with the 120-day notice period
7. Legal Grounds: Citation of relevant legal basis for termination under German law
8. Handover Requirements: Specifications for property inspection and key return process
9. Signature Block: Space for landlord's or authorized representative's signature with date and place
1. Justification for Termination: Required when termination is based on legitimate interest (berechtigtes Interesse) under §573 BGB
2. Alternative Contact Information: Additional contact details for property management or legal representatives if applicable
3. Tenant Rights Notice: Information about tenant's right to object based on hardship (recommended for better compliance)
4. Settlement of Deposits: Information about security deposit return process if wanting to address this preemptively
5. Utilities Settlement: Information about final utility readings and settlement process if relevant
1. Power of Attorney: If notice is being given by an authorized representative rather than the landlord directly
2. Original Lease Agreement Copy: Reference copy of the original lease agreement
3. Property Condition Documentation: Current condition reports or photographs if relevant to the handover process
4. Proof of Legitimate Interest: Supporting documentation for termination justification if required under §573 BGB
Relevant legal definitions
Vermieter (Landlord)
Mieter (Tenant)
Mietobjekt (Rental Property)
Mietvertrag (Lease Agreement)
Kündigungsfrist (Notice Period)
Übergabetermin (Handover Date)
Mietverhältnis (Tenancy Relationship)
Räumungsfrist (Vacation Period)
Berechtigtes Interesse (Legitimate Interest)
Kündigungserklärung (Notice of Termination)
Wohnungsübergabeprotokoll (Property Handover Protocol)
Kaution (Security Deposit)
Nebenkostenabrechnung (Utility Settlement)
Hausordnung (House Rules)
Bevollmächtigter (Authorized Representative)
Mieter (Tenant)
Mietobjekt (Rental Property)
Mietvertrag (Lease Agreement)
Kündigungsfrist (Notice Period)
Übergabetermin (Handover Date)
Mietverhältnis (Tenancy Relationship)
Räumungsfrist (Vacation Period)
Berechtigtes Interesse (Legitimate Interest)
Kündigungserklärung (Notice of Termination)
Wohnungsübergabeprotokoll (Property Handover Protocol)
Kaution (Security Deposit)
Nebenkostenabrechnung (Utility Settlement)
Hausordnung (House Rules)
Bevollmächtigter (Authorized Representative)
Clauses
Relevant Industries
Real Estate
Property Management
Legal Services
Housing
Corporate Real Estate
Residential Property
Commercial Property
Property Investment
Facility Management
Relevant Teams
Legal
Property Management
Real Estate Operations
Tenant Relations
Asset Management
Compliance
Facilities
Property Services
Portfolio Management
Document Administration
Relevant Roles
Property Manager
Real Estate Manager
Legal Counsel
Tenant Relations Manager
Asset Manager
Facility Manager
Real Estate Administrator
Property Operations Director
Leasing Manager
Real Estate Attorney
Housing Manager
Property Services Coordinator
Real Estate Portfolio Manager
Compliance Officer
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