What you’ll learn in this article

• the difference between termination by the tenant and termination by the landlord,

• when you can terminate without giving a reason and when only for legal grounds,

• what notice period applies and when it starts,

• what a termination notice must contain to be valid,

• why a landlord’s termination can be invalid without instructions about court review,

• a real-life example and legal advice.

Termination by the Tenant

Under Section 2285 of the Civil Code, a tenant can terminate a lease without giving a reason, if the lease is for an indefinite period. The notice period is:

• 3 months unless otherwise agreed,

• it begins on the first day of the month following the delivery of the notice.

For leases for a fixed term, it’s more complicated – the tenant can terminate only in cases set out by law or agreed in the contract. Typically, this includes a change in circumstances, relocation, loss of employment, etc.

Termination by the Landlord

Here the law is much stricter. A landlord can only terminate the lease for reasons set out by law, such as:

• the tenant breaches obligations (e.g. fails to pay rent, damages the property),

• the landlord needs the property for themselves or family members,

• the property is to be used differently (e.g. vacated for construction).

The termination must be in writing and include:

• a specific reason,

• instructions to the tenant that they may file a lawsuit within 2 months to challenge the validity of the termination (§ 2286 Civil Code),

• a notice period, which is 3 months (unless otherwise agreed).

Without these instructions, the notice is invalid – and the tenant does not have to move out.

Real-life Example

A landlord decided to terminate the lease because he needed the apartment for his daughter. He stated the reason and notice period in the letter but forgot to include the instructions about the possibility of court review. The tenant contacted a lawyer, who successfully challenged the notice as invalid. The result? The tenant was allowed to stay – and the landlord had to issue the notice again.

Advice from a Lawyer

If you’re planning to terminate a lease, don’t underestimate the form and content of the notice. Even a small mistake can mean the lease doesn’t end. On the other hand, if you receive a notice as a tenant, check whether it meets all legal requirements – especially the instructions about the right to take the matter to court.

A legal check of the notice is usually inexpensive – but it can determine whether the lease ends or not.