Terminating a garage or parking space: which deadline applies?

Whether you can get rid of a garage or parking space quickly depends decisively on whether it was rented together with the apartment or under a separate contract. Both have different consequences for the termination deadline.

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A separate lease for a garage or parking space can be terminated without a reason, by the third business day of a month to take effect at the end of that month (§ 580a BGB for land/spaces).

If the parking space is part of the residential lease, it counts as a unit with the apartment. It can then usually only be terminated together with the apartment, not separately.

What you should do now

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1. Clarify the contract situation
Check whether a separate garage/parking-space contract exists or whether the space is in the residential lease.
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2. Determine the deadline
With a separate contract the short deadline under § 580a BGB applies; with a unit with the apartment, the residential termination deadline.
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3. Terminate in writing
Terminate in writing and provably to the correct date.
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4. Document the return
Hand back the space cleared and have the key return and condition confirmed.

How to spot the scam

The landlord claims a unit with the apartment although a separate contract exists.
A longer deadline is demanded than the law provides.
The termination is made orally and cannot be proven later.

Frequently asked questions

Can I terminate only the garage and keep the apartment?

Only if a separate contract for the garage exists. If it was rented together with the apartment in one contract, both form a unit and can generally only be terminated together.

Which deadline applies to a separate parking-space contract?

With a separate contract for a parking space or garage the short statutory deadline applies: termination by the third business day of a month to take effect at the end of the month (§ 580a BGB). Any agreed differing deadlines take precedence.

May the landlord terminate the parking space separately?

With a separate contract yes, observing the deadline. If the parking space is part of the residential lease, the landlord cannot terminate it in isolation, but only the entire tenancy under the strict residential requirements.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.