Terminating a lease
Problems often arise when tenants (Mieter) or landlords (Vermieter) wish to terminate (kündigen) a lease (Mietvertrag). Here, we shall look at how tenants can do this. In April, we will look at the grounds on which a landlord can evict a renter, and how the tenant can fight back. And, finally in May, I’ll discuss the “three Ds” involved in getting ready to move out. Most leases are for an unlimited time period (unbefristet). The normal notice period (Kündigungsfrist) for both parties of such a lease is: three months during the first five years of occupancy; six months between five and eight years; nine months between eight and ten years; and twelve months after more than ten years of occupancy. If shorter periods are stated in your lease, these apply only to the tenant; if longer periods are given, they apply to both parties. As a tenant, you do not have to give a reason for terminating a lease. You should, however, inform your landlord in writing — use registered post (Einschreiben mit Rückschein). The letter must be addressed to all landlords and signed by all tenants listed in the lease. Leases can end only on the last day of a month. For the current month to count toward the notice period, your letter must reach your landlord by the third working day. (Special rules apply if you are renting a room within the landlord’s home.) You can, of course, get out of a lease early if your landlord agrees (ask for this in writing). Contrary to popular belief, however, tenants are not automatically entitled to shorten the notice period by providing the names of (three) substitute tenants (Nachmieter or Ersatzmieter). This applies only if expressly stated in your lease. In certain circumstances, though, your landlord may be obliged to accept a substitute tenant and reduce your notice period to three months. This applies, for example, if you have to move to another city for work, or if your home is too small because you have had a child. Wanting to move to a bigger, better or cheaper home is not, in itself, reason enough. You are also entitled to a three-month notice period if your landlord refuses, without good cause, to allow you to sublet. Shorter than normal notice periods apply if your landlord plans to renovate your home or increase the rent. If you decide to terminate your lease, the renovation/rent increase cannot take place while you are still living there. You can end your lease without any notice period (fristlose Kündigung) if your landlord seriously breaches its terms — for example, if the conditions in your home are so bad that it is a danger to your health. Time-limited (befristet) leases terminate on the specified date (unless a clause says that the lease automatically extends if you do not submit your letter of termination in time). Such leases can be terminated early only in the special circumstances discussed above — in this case there is no “normal” notice period. Terminating leases can be a very complicated legal area, so it is best to seek advice before acting. Advice is given to members of tenants’ organizations: Mieter helfen Mietern, Weissenburger Strasse 25, Tel. 444 88 20; Mieterverein München, Sonnenstrasse 10, 80331 München, Tel. 552 14 30. <<<