Termination of Tenancy (Apartment)

Sample "Mietkündigung (Wohnung)"

A notice of termination is a formal letter that the tenant sends to the landlord to end the rental agreement. This document is legally relevant in both Germany and Austria and must meet certain legal requirements. In German, this document is called "Mietkündigung (Wohnung)"

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Termination of a Rental Agreement for an Apartment: A Guide for Germany and Austria

A termination of a rental agreement is a formal document used to end an existing rental relationship for an apartment. In Germany and Austria, there are specific legal regulations that must be observed when terminating a rental contract. This guide provides an overview of the key aspects to consider when terminating a rental agreement.

When should a termination of a rental agreement be used?

A termination of a rental agreement should be used when the tenant or landlord wishes to end the rental relationship. Typical reasons can include relocation, changes in living circumstances, or dissatisfaction with the living situation.

Legal Foundations

In Germany and Austria, the termination of a rental agreement is governed by tenancy law. Important points include:

  • The notice period is generally three months for tenants.
  • Landlords must provide a justified reason, e.g., personal need.
  • The termination must be in writing and signed by the tenant or landlord.

Required Information in the Termination of a Rental Agreement

A formal termination of a rental agreement should include the following information:

  • Full names and addresses of tenant and landlord
  • Date of termination
  • Reference to the existing rental contract
  • Termination date considering the notice periods
  • Signature of the terminating party

A carefully prepared termination of a rental agreement can help avoid misunderstandings and ensure a smooth transition. It is advisable to seek legal advice in case of uncertainties to ensure that all legal requirements are met.

FAQ

In Germany, the statutory notice period for tenants is generally three months. However, this period may be extended if the tenant has lived in the apartment for more than five years. For landlords, longer notice periods often apply, depending on the tenant’s rental duration.

In Austria, the termination of a rental contract must be done in writing. It is important that the termination letter is signed by hand. Termination via email or fax is generally not sufficient.

Yes, in Germany a rental contract can be terminated without notice under certain circumstances, for example, if the tenant repeatedly pays rent late or significantly damages the apartment. A termination without notice must, however, be well justified and generally done in writing.

In Austria, a termination without notice can be justified if the tenant significantly violates their contractual obligations, such as through payment arrears or unreasonable disturbances to other tenants. Here too, the termination must be in writing and well justified.

Yes, in Germany the landlord generally has to justify a termination. Permissible reasons can include personal need or significant breaches of contract by the tenant. Without a valid reason, a termination is often ineffective.