Landlord termination: grounds, form and notice periods
When you can end an open-ended lease, and how to give notice that is valid.
You can only give notice if you have a legitimate interest, such as your own use or a serious breach of duty by the tenant. Give notice in writing, state the specific reason and keep to the notice period of three, six or nine months.
What a landlord's notice needs to be valid
If one of these points is missing, the notice is not valid and the tenant does not have to move out.
- 1
You need a legitimate interest
Without a legitimate interest, you cannot end an open-ended lease.
- 2
Reasons that count
Typical reasons are your own use of the flat, a serious breach of duty by the tenant, or reasonable economic use of the property.
- 3
Give notice in writing
The notice must be in writing. Notice that is only spoken is not valid.
- 4
State the reason
State the specific reason in the notice letter.
- 5
Keep to the notice period
The notice period is three, six or nine months. It gets longer after five and after eight years of tenancy.
- 6
Ending the tenancy without notice
If the tenant is two months' rent behind, a fristlose Kündigung (termination without notice) is also possible.
Why this matters
Under § 573 Abs. 1 BGB, you can only give notice if you have a legitimate interest. You cannot give notice in order to raise the rent. You must state the reason in the notice letter (§ 573 Abs. 3 BGB).
General information, not legal advice.
Frequently asked questions
Can I end a tenancy without a reason as a landlord?
No, a landlord cannot end a tenancy without a reason. You need a berechtigtes Interesse (legitimate interest) under § 573 BGB, such as your own use of the flat or a serious breach of duty by the tenant.
How long is the notice period for landlords?
The notice period for landlords is three months. It is six months after five years of tenancy and nine months after eight years (§ 573c BGB). The notice must be in writing and state the reason.
When can I terminate without notice (fristlose Kündigung)?
You can terminate without notice if you have good cause (§ 543 BGB). The main case is a tenant who is behind by more than one month's rent on two due dates in a row, or by two months' rent in total. If the tenant pays everything within the grace period, the termination without notice can lose its effect (§ 569 Abs. 3 Nr. 2 BGB).
Also in this topic: Indexmiete: how to calculate a VPI increaseMieterhöhung in Germany: a landlord's guide 2026 (§ 558 BGB)
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