Landlord termination of a tenancy in Germany (2026, § 573 BGB)
Landlord termination of a tenancy in Germany (2026, § 573 BGB)
Only with a legitimate interest, own use, substantial breach of duty, or or reasonable economic use of the property (§ 573 BGB).
The notice must be in writing and state the ground (§§ 568, 573 Abs. 3 BGB). The period is three, six or nine months depending on the length of the tenancy (§ 573c BGB).
§ 573 Abs. 1 BGBIn 60 seconds
Without a legitimate interest the notice is ineffective (§ 573 Abs. 1 BGB): the tenant need not move out.
The law names own use (§ 573 Abs. 2 Nr. 2 BGB), substantial breach of duty by the tenant (Nr. 1), and reasonable economic use of the property (Nr. 3; a high bar, an intention to sell is not enough).
Notice purely to raise the rent is excluded (§ 573 Abs. 1 S. 2 BGB); pretending own use risks a damages claim.
The notice must be in writing and signed by hand (§ 568 Abs. 1 BGB) and state the grounds (§ 573 Abs. 3 BGB); for own use, the person benefiting and their housing need must be named specifically.
You may terminate without notice for arrears where the tenant is in default on two consecutive dates or the arrears reach two months' rent (§ 543 Abs. 2 Nr. 3 BGB). The grace payment can cure that (§ 569 Abs. 3 Nr. 2 BGB).
What the law says
The landlord may terminate only where they have a legitimate interest in ending the tenancy. Notice for the purpose of raising the rent is excluded. The grounds of the legitimate interest must be stated in the notice (§ 573 Abs. 3 BGB). Working translation; the German original is the binding text.
What notice period applies?
| Tenancy so far | Landlord's notice period |
|---|---|
| up to 5 years | 3 months |
| after 5 years | 6 months |
| after 8 years | 9 months |
These longer periods apply to the landlord. A tenant can always terminate an open-ended tenancy on three months' notice (§ 573c Abs. 1 BGB). Notice must arrive by the third working day of a calendar month to take effect at the end of the relevant month.
Related: Terminating for own use and Eviction proceedings.
What it means for each side
- Check the letter states a concrete ground, without one the notice is ineffective.
- For own use, the person benefiting and their housing need must be named.
- Check the period against the length of your tenancy.
- The social-clause objection is open to you (§§ 574 ff. BGB).
- Check first that a legitimate interest genuinely exists.
- State the ground concretely in the letter, not in the abstract.
- Point out the right to object (§ 568 Abs. 2 BGB).
- Pair a termination without notice with an ordinary one as a fallback.
Common mistakes
The notice is ineffective and the tenant need not move out.
§ 573 Abs. 3 BGB requires the grounds in the notice; for own use, name the person and their housing need specifically.
That risks a damages claim from the tenant.
Without an ordinary termination as a fallback, the grace payment cures the whole thing (§ 569 Abs. 3 Nr. 2 BGB).
What to do next
Check the ground: a legitimate interest under § 573 BGB or an important ground under § 543 BGB?
Establish the length of the tenancy and derive the period under § 573c BGB (3, 6 or 9 months).
Draft the letter: in writing, with concrete reasons and a pointer to the right to object.
Deliver provably, record the date of receipt, and be ready for an objection under § 574 BGB.
Frequently asked questions
Can I terminate a tenancy without a reason as a landlord?
No. For open-ended residential tenancies the landlord needs a berechtigtes Interesse (legitimate interest) under § 573 BGB, for example Eigenbedarf (own use), a serious breach of duty by the tenant, or reasonable economic use of the property. Terminating in order to raise the rent is expressly excluded (§ 573 Abs. 1 S. 2 BGB).
What notice period applies to the landlord?
It depends on how long the tenant has lived there (§ 573c BGB): 3 months up to 5 years, 6 months after 5 years, 9 months after 8 years. The notice must arrive by the third working day of a month to take effect at the end of the second (or correspondingly later) following month.
When can I terminate without notice (fristlose Kündigung)?
With a wichtiger Grund (good cause) under § 543 BGB, in particular when the tenant is in arrears on two consecutive payment dates or by a total of two months' rent (§ 543 Abs. 2 Nr. 3, § 569 Abs. 3 BGB). The tenant can still defeat the termination by paying the full arrears within the Schonfrist (grace period) under § 569 Abs. 3 Nr. 2 BGB.
Do I have to state the grounds for termination?
Yes. The Kündigung must be in writing and must state the grounds of the legitimate interest (§ 568 Abs. 1, § 573 Abs. 3 BGB). Without the grounds or the written form, the termination is invalid. For Eigenbedarf you must name the specific person who will move in and the reason for their need.
What is the Sozialklausel?
The tenant can object to an ordinary termination and demand that the tenancy continue if ending it would cause a particular hardship (§ 574 BGB), for example old age, serious illness, or the inability to find reasonable replacement housing. The landlord should point out this right of objection in the termination notice (§ 568 Abs. 2 BGB).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.