In the following you can read which deadlines tenants should absolutely know about the termination of the rental contract, which deadlines should not be exceeded and which periods must be adhered to.
Notice period for the tenant
Basically, if the tenant wants to move to a new apartment, heor she must inform his current landlord about this twelve weeks (3 months) in advance. For example, if you want to move out on August 31st, you must give your current landlorda notice in writing by the third working day of June.
It is possible to set a shorter notice period agreed by contract with your landlord. However, setting a longer period is not permitted, with the exception of so-called termination exclusions. It is agreed that you can only cancel after a set minimum rental period.
Adhering to the notice period is essential so that you can move out in time. Should your old and new rental contracts exceedone another, you are obliged to pay both rents.
Deadlines for special termination cases by the tenant
Rent increases, far-reaching modernizations, not permitting subletting and striving the main tenant are reasons with which you can exercise your special termination right. The deadlines are as follows:
• Rent increase / modernization: 3 months
• Subletting not allowed / death of the main tenant: 3 months
Notice Period for Landlords
The lessor may only terminate the rental agreement under certain conditions. Furthermore, far stricter notice periods apply here than for the tenant. The period of notice for the landlord depends on the length of time you have lived in your apartment. It can be between three and nine months. However, you do not have to accept the termination by the landlord without comment. Let your lawyer check them. If the claim is not effective, you do not have to move out.
Notice periods for landlords:
• Rental period <5 years: 3 months
• Rental period 5-8 years: 6 months
• Rental period> 8 years: 9 months
Deadlines for Special Termination Cases by the Landlord
If you live in the same one- or two-family house with your landlord, they have the option of giving you notice without giving any reason. This would extend the statutory notice period of three to nine months by a further three months. In the same way, a termination could follow after a forced auction; the deadline for this is three months.
Deadlines for special terminations by the landlord:
• Tenants and landlord in the same house: statutory notice period + 3 months
• Forced auction: 3 months
Deadlines in the Event of an Objection to Termination
Did you receive notice from your landlord? Under no circumstances do you have to accept them without comment! Let your lawyer check the termination first. You also have the option of invoking the so-called social clause and objecting to termination for hardship reasons. For example, serious illness, old age, pregnancy or low income, are such reasons for hardship.
Your landlord must be informed of your objection to termination no later than two months before the notice period expires. Deadline for opposition:
• statutory notice period – 2 months