What deadlines apply when terminating a lease agreement?
April 29, 2022 | 40,00 EUR | answered by Günther Schulz
Dear lawyer specializing in tenancy law,
My name is Uwe Schulze and I am reaching out to you with a question regarding the termination of my lease. I am currently a tenant of an apartment in Berlin and I am planning to terminate my lease due to professional reasons that require me to move to another city. However, I am unsure about the deadlines that need to be met and how I should proceed in the best way.
The current situation is that I have already found a suitable new home and I would like to move to the new city as soon as possible. I have already informed my landlord of my intention and he has asked for the termination to be in writing. Now, I am faced with the question of what the notice period is and whether I need to adhere to specific formal requirements.
My main concern is that I may not meet the notice period requirements and may face financial consequences as a result. Additionally, I want to ensure that I follow all necessary steps correctly to avoid any legal issues.
Therefore, I am reaching out to you to ask: What are the notice periods for terminating a lease in Berlin and what formal requirements must I adhere to? Are there any special regulations that may be relevant in my case? I am grateful for any help and support.
Thank you in advance for your assistance.
Sincerely,
Uwe Schulze
Dear Mr. Schulze,
Thank you for your inquiry regarding the termination of your lease in Berlin. It is understandable that you are unsure about the deadlines and formal requirements you need to follow in order to avoid any legal issues. I will now explain in detail the regulations that apply to the termination of a lease in Berlin.
First and foremost, it is important to know that the deadlines for terminating a lease in Germany are generally regulated in the Civil Code (BGB). According to § 573c BGB, the statutory notice period for tenants is usually three months, unless a different provision has been made in the lease agreement. This period starts running from the landlord's receipt of the termination notice.
However, there are some specific regulations in Berlin that you should be aware of. In Berlin, the rent control law has been in effect since June 2015. This law stipulates, among other things, that tenants must observe a notice period of four months when terminating an indefinite lease, unless the landlord terminates the lease. This regulation is intended to protect tenants from short-notice terminations.
Regarding the formal requirements, it is important to note that a termination must generally be in writing. It is recommended to send the termination notice by registered mail with return receipt in order to prove receipt. In your case, since the landlord has explicitly requested a written termination, this is particularly important.
Additionally, you should be aware that there may be specific regulations in place in Berlin depending on the district where the rental property is located. Therefore, it may be advisable to consult the relevant tenant association or a local attorney to inquire about any specific regulations.
Finally, I advise you to prepare the termination in a timely and correct manner and carefully plan all necessary steps to avoid any potential legal consequences. If you have any further questions or need assistance, I am happy to help.
I hope this information has been helpful to you and wish you success with your move and the termination of your lease.
Best regards,
Günther Schulz.
