Landlord termination of a tenancy in Germany (2026, § 573 BGB)

When may a landlord terminate?

A landlord cannot freely terminate an open-ended residential tenancy. They need a berechtigtes Interesse (legitimate interest) in ending the tenancy (§ 573 Abs. 1 BGB). Without such a reason the Kündigung (termination notice) is invalid – and the tenant does not have to move out.

The law names three typical grounds for a legitimate interest:

• Eigenbedarf (own use) – the landlord needs the flat for themselves or for family or household members (§ 573 Abs. 2 Nr. 2 BGB).
• Erhebliche Pflichtverletzung (serious breach of duty) by the tenant – for example repeatedly late rent, contract-breaching use, or persistent disturbance of the household peace (§ 573 Abs. 2 Nr. 1 BGB).
• Wirtschaftliche Verwertung (economic exploitation) – the landlord would suffer substantial disadvantages by continuing the tenancy (§ 573 Abs. 2 Nr. 3 BGB; a high bar – a mere intent to sell is not enough).

Important: Terminating solely to raise the rent is excluded (§ 573 Abs. 1 S. 2 BGB). A landlord who only pretends Eigenbedarf risks the tenant's claims for damages.

Form and grounds (§ 568, § 573 Abs. 3 BGB)

The Kündigung must be in writing – a letter signed by hand, not an email or fax (§ 568 Abs. 1 BGB). The notice must state the grounds of the legitimate interest (§ 573 Abs. 3 BGB). For Eigenbedarf this means naming the specific person who will move in and the reason for their housing need.

The landlord should also point the tenant to their right of objection under §§ 574 to 574b BGB (§ 568 Abs. 2 BGB).

What notice period applies? (§ 573c BGB)

The landlord's ordinary notice period rises with the length of the tenancy. The notice must arrive by the third working day of a calendar month to take effect at the end of that month.

Length of tenancy so far	Landlord's notice period
up to 5 years	3 months
after 5 years	6 months
after 8 years	9 months

Note: these extended periods apply to the landlord. The tenant, by contrast, can always terminate an open-ended tenancy with three months' notice (§ 573c Abs. 1 BGB).

Fristlose Kündigung for rent arrears (§ 543, § 569 BGB)

An extraordinary fristlose Kündigung (termination without notice) is possible with a wichtiger Grund (good cause) under § 543 Abs. 1 BGB. The most common case is rent arrears (§ 543 Abs. 2 Nr. 3 BGB):

• the tenant is in arrears on two consecutive payment dates with the rent or a not-insignificant part of it, or
• the arrears reach a total of two months' rent.

A special feature for residential lets is the Schonfristzahlung (grace-period payment): the tenant can render the termination ineffective by settling the arrears in full within two months of being served the eviction claim (§ 569 Abs. 3 Nr. 2 BGB). In practice it is therefore advisable to combine the fristlose Kündigung with an alternative ordinary termination (hilfsweise ordentliche Kündigung).

Step by step

1. Check the grounds – is there a legitimate interest under § 573 BGB or a good cause under § 543 BGB?
2. Determine the period – work out the length of the tenancy and the resulting notice period under § 573c BGB (3/6/9 months).
3. Draft the letter – in writing, with concrete grounds and a note on the right of objection (§ 568 BGB).
4. Serve and document – deliver in a provable way, e.g. by Einschreiben (registered letter), and record the date of receipt.
5. Expect an objection – be prepared for an objection under § 574 BGB (Sozialklausel).

Common mistakes

• Terminating without a legitimate interest or without stating grounds
• Using the wrong notice period (3 months despite a long tenancy)
• Email or oral termination instead of the written form (§ 568 BGB)
• Eigenbedarf not concretely justified (person and reason missing)
• Forgetting to note the right of objection under § 574 BGB
• A fristlose Kündigung without an alternative ordinary termination

With HausMaus it's simpler

HausMaus generates the Kündigung with the right grounds and the correct notice period (3, 6 or 9 months under § 573c BGB) – ready to review before anything leaves the house. The letter can be sent directly as an Einschreiben (registered letter) and is stored in the document vault, so the date of receipt and the grounds stay provable at any time.