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What is a Kündigungsfrist (notice period)?
The Kündigungsfrist is the period of time that the party wishing to terminate the tenancy agreement must observe before the tenant moves out of the property or the landlord regains possession.
The purpose of this period is to give the other party sufficient time to find an alternative or to prepare for the upcoming changes.
Notice periods for tenants
For tenants, German law is relatively flexible:
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A tenant may terminate an open-ended tenancy agreement (unbefristeter Mietvertrag) by giving three months’ notice, without having to justify the reason.
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The notice period usually starts at the end of the month in which the notice was given/received.
Example:
If the notice is sent in the middle of March, the notice period starts at the end of March, and the tenancy ends at the end of June.
Notice periods for landlords
Unlike tenants, landlords face stricter requirements:
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They must have a legitimate reason to terminate the contract, such as personal need (Eigenbedarf) or a serious breach of contract by the tenant.
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The notice period depends on the length of the tenancy:
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During the first five years: three months
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Between 5 and 8 years: six months
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More than 8 years: nine months
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Notice periods for fixed-term contracts
In the case of fixed-term tenancy agreements (befristeter Mietvertrag), the contract generally cannot be terminated before the agreed end date.
An early termination is only possible in exceptional circumstances, for example:
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in the event of a serious breach of contract,
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or in the presence of serious defects in the property that make its use unreasonable.
When is termination without notice (fristlose Kündigung) allowed?
In special cases, the tenancy can be terminated with immediate effect and without any notice period, for example:
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if the tenant is in substantial and persistent arrears with rent payments,
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if the tenant or landlord suffers serious harm because of the other party’s conduct,
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if the property is used for illegal activities.
Form of the notice
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The notice must be given in writing (signed letter).
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It is advisable to send it by registered mail (Einschreiben) as proof of delivery.
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The date on which the contract ends must be clearly stated.
Practical tips
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Start planning early – especially as a landlord – to avoid legal mistakes.
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Keep a copy of the notice and all related correspondence.
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Check whether your tenancy agreement contains special provisions that may affect the notice period.
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In case of doubt, consult a tenants’ association (Mieterverein) or a lawyer specialised in tenancy law.
Conclusion
Notice periods (Kündigungsfrist) are a key element of tenancy agreements in Germany and provide protection and stability for both parties.
By understanding these periods and acting responsibly and transparently, you can end the tenancy in an orderly way and avoid costly legal disputes.
The editorial team of the website strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. For this reason, the information contained in these articles should be regarded as an initial point of reference; for binding and definitive information, you should always consult the competent authorities or qualified professionals.
