Termination without notice by the tenant: when you may leave immediately

Tenants too can terminate without notice, but only for an important reason. This includes, for example, significant health hazards (e.g. massive mold), the permanent withholding of use or serious breaches of duty by the landlord. As a rule you must first send a warning and set a deadline.

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Your chances of getting your money back

For an important reason you can terminate the tenancy extraordinarily without notice (§ 543 BGB). In the case of a health hazard from the apartment this also applies even if you knew of the defect at move-in (§ 569 BGB).

Usually a warning with a set deadline is required beforehand. An invalid termination without notice can make you liable for damages, so check the conditions carefully.

What you should do now

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1. Check the important reason
Is there a significant, ongoing impairment (health hazard, deprivation of use, serious breach of duty)? Document it.
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2. Warn and set a deadline
As a rule, first request the landlord in writing to remedy the situation and set a reasonable deadline.
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3. Terminate without notice
If the remedy fails to appear, issue the termination without notice in writing and name the important reason specifically.
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4. Arrange move-out and claims
Clarify return, deposit and possible damages claims (e.g. moving costs in the case of a culpable defect).

How to spot the scam

You terminate without notice without a prior warning, although one would have been necessary.
The important reason is only asserted, but not documented.
The landlord disputes the defect and threatens additional claims.

Frequently asked questions

When may I as a tenant terminate without notice?

For an important reason, for example if the apartment is hazardous to health, use is permanently withdrawn from you or the landlord seriously breaches their duties (§ 543 BGB). Usually a warning with a deadline is required beforehand.

Do I always need a warning?

As a rule yes. Exceptions apply if a warning is obviously hopeless or immediate termination is justified for special reasons. If in doubt, warn first, then terminate.

What do I risk with an invalid termination?

If you move out on the basis of an invalid termination without notice, you can be obliged to pay the rent until the ordinary termination date and to pay damages. So check the conditions precisely.

Take action now

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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.