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Terminating a commercial lease: deadlines and special features

Renting commercial premises follows different rules than residential space. Social protection against termination is largely absent, but in return many points are freely negotiable. Decisive is whether the contract is fixed-term or open-ended and what it says about termination and renewal.

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For open-ended commercial leases, absent a differing agreement the statutory deadline applies: termination by the third business day of a calendar quarter to take effect at the end of the quarter after next (§ 580a BGB).
Fixed-term commercial leases generally cannot be terminated by ordinary notice during their term. But they often contain renewal clauses or special termination rights; these clauses must be read carefully.

What you should do now

  1. 1

    1. Check the contract

    See whether the contract is fixed-term or open-ended and which termination and renewal clauses apply.

  2. 2

    2. Calculate the deadline

    Determine the next possible termination date under the contract or, if nothing is regulated, under § 580a BGB.

  3. 3

    3. Terminate in writing

    Terminate in writing, clearly and within the deadline; pay attention to receipt (ideally provable).

  4. 4

    4. Arrange the handover

    Agree return, condition of the premises and possible restoration duties to avoid disputes over damage.

How to spot the scam

  • An automatic renewal clause is overlooked and the termination deadline is missed.
  • The contract requires a certain form that is not observed.
  • Restoration or cosmetic-repair duties only become a point of dispute at move-out.

Frequently asked questions

Does the tenant protection for apartments apply to commercial space?

No. The strict protective provisions of residential tenancy law (such as protection against termination, rent-increase rules) largely do not apply to commercial space. Much is freely negotiable, which is why the specific contract text is decisive.

Can I end a fixed-term commercial contract early?

Usually not by ordinary notice. Possible are a contractually agreed special termination right, a cancellation agreement with the landlord or, for serious breaches of duty, termination without notice for good cause. A replacement tenant often helps.

Which deadline applies without an agreement?

If nothing is regulated, § 580a BGB applies: for business premises, termination is possible by the third business day of a calendar quarter to take effect at the end of the quarter after next, so with roughly half a year's lead time.

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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.