Kündigung der Wohnung durch den Vermieter
Landlord ends your tenancy (Kündigung der Wohnung): what to check and what to do
From: Your landlord or the property management
The landlord says your tenancy will end. A termination by the landlord must be in writing and must state its reasons. It does not mean you must leave the next day. Check the notice period and your options carefully.
Got this letter? Get your personal explanation.Take a photo. See your deadline, amount, and next steps, in your language. First letter free.Why you got this letter
- Eigenbedarf: the landlord needs the flat for themselves, family members or household members.
- A breach of the contract that is not minor, for example repeated disturbances.
- Rent arrears. This can be a termination without notice (fristlose Kündigung).
- The landlord says continuing the tenancy prevents an appropriate economic use of the property and causes significant disadvantage.
What to do
- 1Write down the date you received the letter. Keep the envelope.
- 2Check the form: the termination must be in writing (§ 568 BGB). Check the reasons: the reason must be stated in the letter. Ending a tenancy only to raise the rent is not allowed.
- 3Check the notice period (see below) and the date the tenancy is supposed to end.
- 4Look for the information about your right to object (Widerspruch). The landlord should tell you about it in good time.
- 5If you have hardship reasons, such as illness, a child in school, or you cannot find a flat, object in text form at least two months before the tenancy ends (see the example letter).
- 6If the termination is for rent arrears, check if you can pay all arrears (see below).
- 7Get advice fast from a tenants' association (Mieterverein) or a lawyer.
Deadline
Your objection (Widerspruch) must be declared at least two months before the tenancy ends. The notice period depends on the type of termination.
If you do nothing
If you do not object and do not leave, the landlord can sue for eviction at court. A forced eviction is carried out by a bailiff (Gerichtsvollzieher) on the basis of a court decision. You can still object in the first hearing of the lawsuit if the landlord did not tell you in time about your right to object.
Can you object?
Yes, in some cases. Under the hardship clause (Sozialklausel, § 574 BGB) you can object if ending the tenancy would be a hardship for you, your family or members of your household that is not justified even considering the landlord's interests. It also counts as a hardship if you cannot find suitable replacement housing on reasonable terms. You must declare the objection in text form, at least two months before the tenancy ends. The landlord can ask you to give your reasons. This does not apply to termination without notice. If the landlord did not tell you in time about this right, you can still object in the first hearing of an eviction lawsuit.
Words in this letter
- Kündigung
- Termination of the rental contract.
- Eigenbedarf
- The landlord needs the flat for themselves or family.
- Kündigungsfrist
- The notice period.
- Widerspruch (Sozialklausel)
- Your objection because of hardship.
- Fristlose Kündigung
- Termination without notice, for serious reasons such as rent arrears.
- Räumungsklage
- A lawsuit for eviction.
Example reply
Object because of hardship (Sozialklausel). Send it at least two months before the end of the tenancy.
[Vor- und Nachname]
[Anschrift der Wohnung]
An: [Vermieter, Adresse]
[Ort], [Datum]
Betreff: Widerspruch gegen die Kündigung vom [Datum] – Wohnung [Anschrift]
Sehr geehrte Damen und Herren,
ich habe Ihre Kündigung vom [Datum] am [Datum des Erhalts] erhalten. Ich widerspreche der Kündigung nach § 574 BGB und verlange die Fortsetzung des Mietverhältnisses.
Begründung: Die Beendigung des Mietverhältnisses wäre für mich und meine Familie eine nicht zu rechtfertigende Härte, weil [Gründe, zum Beispiel: ich krank bin / meine Kinder hier zur Schule gehen / ich trotz intensiver Suche keinen angemessenen Ersatzwohnraum finde]. Nachweise lege ich bei.
Mit freundlichen Grüßen
[Unterschrift]
[Vor- und Nachname]Show English translation
[Full name] [Address of the apartment] To: [landlord, address] [Place], [date] Subject: Objection to the termination dated [date] – apartment [address] Dear Sir or Madam, I received your termination dated [date] on [date received]. I object to the termination under § 574 BGB and demand that the tenancy continues. Reasons: Ending the tenancy would be a hardship for me and my family that cannot be justified, because [reasons, for example: I am ill / my children go to school here / despite an intensive search I cannot find suitable replacement housing]. I attach proof. Kind regards [Signature] [Full name]
Questions people ask
What notice period applies?
Under § 573c BGB, a notice is allowed at the latest on the third working day of a month, and the tenancy then ends at the end of the month after next. A declaration to someone who is not present generally takes effect when it reaches them (§ 130 BGB), so write down the day you received the letter and ask a tenants' association which date counts in your case. The tenant's period is generally three months. The landlord's period is three months, and longer (six and then nine months) after five and eight years of occupancy. Special rules exist, for example for temporary rentals.
Does the landlord need a reason?
Yes. The landlord needs a legitimate interest, and the reason must be stated in the letter. Ending a tenancy to get a higher rent is not a legitimate interest. Reasons can include Eigenbedarf and a not-minor breach of contract.
Must I leave on the date in the letter?
Not automatically. A forced eviction is carried out by a bailiff on the basis of a court decision. Do not ignore the letter. Get advice quickly.
What if the termination is for unpaid rent?
A termination for arrears may become ineffective if the landlord receives all overdue rent and compensation within two months after the eviction lawsuit has been filed (Schonfrist). This does not work if an earlier termination became ineffective in the same way in the past two years. Arrears must exceed one month's rent to count as significant for this.
Sources
- § 573c BGB (Fristen der ordentlichen Kündigung)
- § 573 BGB (Ordentliche Kündigung des Vermieters)
- § 574 und § 574b BGB (Widerspruch des Mieters)
- § 569 BGB (Außerordentliche fristlose Kündigung)
Updated 2026-10-20. This page explains a common type of letter; it is not legal advice. Your letter may differ, so check its dates and amounts.