Letter To Renter To Move Out Template for Germany

When you need to terminate a rental agreement in Germany, a Letter To Renter To Move Out (Kündigungsschreiben) is the legally required document to formally notify your tenant of the termination. This document must comply with strict German Civil Code (BGB) requirements and can only be used when you have legitimate grounds for termination as defined under German rental law.

When do you need this document?

You need this letter when you have valid reasons to terminate a rental agreement, such as when you require the property for personal use or family members, plan to demolish or substantially renovate the building, or when the tenant has seriously breached the rental agreement. The document is also necessary when you want to sell the property and the new owner requires it for personal use. You must have legitimate interest as defined in BGB § 573, and the termination cannot be for discriminatory reasons or in retaliation against the tenant for exercising their legal rights.

Key legal considerations

Your termination notice must be in written form as required by BGB § 568, and you must clearly state the legitimate grounds for termination. The notice periods are crucial and depend on how long the tenant has lived in the property: three months for tenancies under five years, six months for tenancies between five and eight years, and nine months for tenancies over eight years according to BGB § 573c. You must consider the tenant's right to object under BGB § 574 if the termination would cause undue hardship, particularly for elderly tenants, families with children, or those with limited housing alternatives. If you're selling the property, remember that BGB § 566 establishes that "sale does not break hire," meaning existing rental agreements typically continue with the new owner.

Legal requirements in Germany

German law mandates specific content and timing requirements for termination notices. Your letter must include complete sender and recipient details, property identification, clear termination statement, specific legal grounds citing relevant BGB sections, and the exact move-out date respecting mandatory notice periods. The document must be delivered personally, by registered mail, or through a court bailiff to ensure proper service. You cannot terminate rental agreements during certain protected periods, such as during pregnancy or shortly after childbirth. Social considerations under the Sozialgesetzbuch may also apply, particularly regarding prevention of homelessness. If the tenant objects to your termination, you may need to prove your legitimate interest in court, making proper documentation essential from the beginning of the process.