How to Properly Terminate Your Residential Lease in Germany and Austria

Deciding to move can be both exciting and daunting, especially when it comes to terminating your residential lease. If you’re a tenant in Germany or Austria, you may feel overwhelmed by the bureaucratic processes involved. But don’t worry! With the right steps, you can handle this situation smoothly and ensure that you fulfill all necessary legal requirements.

Legal Background

In Germany, the legal framework governing residential leases is primarily found in the BGB (Bürgerliches Gesetzbuch). According to § 573c, tenants must adhere to specific notice periods when terminating their lease. Typically, the notice period is three months, but it may vary based on how long you have been renting the property. For example, if you have been living in the apartment for less than five years, the notice period is three months; for five to eight years, it is six months; and for more than eight years, it is nine months. In Austria, the rules are similar, but it is essential to check your rental agreement for any specific terms that may apply.

Step by Step

1. Check Your Lease Agreement: Before taking any action, review your rental contract. Look for information regarding the notice period and any specific procedures you need to follow.
2. Prepare Your Termination Letter: Write a formal letter to your landlord. Include your name, address, the address of the rental property, and the date. Clearly state that you are terminating the lease and mention the last day of your tenancy.
3. Send the Letter: It’s best to send your termination letter via registered mail (Einschreiben) to ensure it is received. Keep a copy of the letter and the receipt as proof of your notice.
4. Wait for Confirmation: Your landlord should confirm receipt of your termination letter. If you don’t receive a response within a reasonable time, follow up to ensure everything is in order.
5. Prepare for the Move: Start planning your move-out process, including cleaning the apartment and scheduling a final walkthrough with your landlord to discuss any potential deductions from your deposit.
6. Return the Keys: On your last day, ensure you return all keys to your landlord and get a receipt for them.

Common Mistakes

• Not adhering to the notice period: Always check your lease for the correct notice period to avoid complications.
• Failing to send the termination letter in writing: Verbal notices are not legally binding; always provide a written letter.
• Not keeping a copy of your termination letter: Always save a copy for your records in case of disputes.
• Forgetting to confirm the return of the security deposit: Make sure to discuss this with your landlord before moving out.

Template

The key step in terminating your lease is to provide a proper written letter. To help you with this, DokBrief offers a free template that you can use to ensure you include all necessary information. You can find the matching free template here. This will make the process easier and help you avoid mistakes. You can also refer to the relevant term for more clarity on notice periods.

Remember, while terminating a lease can feel overwhelming, you have the tools and knowledge to navigate this process successfully. Take it step by step, and soon you’ll be on your way to your new home!