Notice To Terminate Lease Agreement for Germany

Notice To Terminate Lease Agreement Template for Germany

A Notice to Terminate Lease Agreement under German law (Kündigungsschreiben) is a formal written document used to end a lease agreement between a landlord and tenant. This document must comply with specific requirements under the German Civil Code (BGB), including proper notice periods, mandatory written form, and specific content requirements. For landlords, it must include legally valid reasons for termination as per §573 BGB, while tenants have more flexibility in their termination notices. The document must clearly state the termination date, property details, and parties involved, ensuring all statutory requirements are met for legal validity.

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What is a Notice To Terminate Lease Agreement?

The Notice To Terminate Lease Agreement is a crucial document in German property law, used to formally end residential or commercial lease arrangements. It must be drafted in accordance with the German Civil Code (BGB), particularly sections §568 and §573, which specify strict form requirements and notice periods. The document is essential when either a landlord or tenant wishes to end a lease agreement, though landlords face more stringent requirements and must provide legally valid reasons for termination. The notice must be in written form with an original signature, clearly state the termination date, and include all legally required information about the property and parties involved. For landlords, common valid reasons include personal use, economic utilization, or significant breach of contract by the tenant. The document serves as legal proof of the intention to terminate and initiates the lease termination process.

What sections should be included in a Notice To Terminate Lease Agreement?

1. Sender Details: Full name and address of the party giving notice (landlord or tenant)

2. Recipient Details: Full name and address of the other party

3. Property Information: Clear identification of the rental property including full address and any relevant unit numbers

4. Lease Reference: Reference to the original lease agreement including its date

5. Notice Declaration: Clear and unambiguous statement of termination

6. Termination Date: Specific date when the lease will end, considering statutory notice periods

7. Property Handover: Proposed date and process for property inspection and key handover

8. Signature Block: Space for date and legally binding signature as required by German law

What sections are optional to include in a Notice To Terminate Lease Agreement?

1. Reason for Termination: Required if landlord is terminating; optional for tenant. Must cite legitimate reasons as per §573 BGB if landlord is terminating

2. Security Deposit Return: Details regarding the return of security deposit, to be included if initiated by tenant

3. Outstanding Payments: Reference to any outstanding rent or utility payments, if applicable

4. Special Circumstances: Any special conditions or agreements regarding the termination, if applicable

5. Legal Basis: Reference to specific legal provisions being relied upon, particularly important in case of extraordinary termination

What schedules should be included in a Notice To Terminate Lease Agreement?

1. Current Condition Report: Optional documentation of property's current condition

2. Utility Reading Forms: Forms for recording final utility meter readings

3. Original Lease Agreement: Copy of the original lease agreement for reference

4. Proof of Delivery: Tracking or certified mail receipts to prove delivery of notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Development

Social Housing

Student Housing

Retail

Hospitality

Office Space

Relevant Teams

Legal

Real Estate

Property Management

Operations

Tenant Relations

Administration

Compliance

Asset Management

Facilities Management

Leasing

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Housing Officer

Facility Manager

Property Administrator

Tenant Relations Manager

Real Estate Portfolio Manager

Compliance Officer

Legal Administrator

Property Operations Manager

Asset Manager

Building Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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