Termination of the Rental Contract
Should you wish to terminate your rental contract, you will need to refer to the terms and conditions of cancellation detailed in the rental agreement. You will usually be able to cancel the contract if you abide by its terms and conditions and give sufficient notice of your intention. If there is no set notice period detailed in your contract, you are entitled to cancel the agreement when you give three months' notice to your landlord.
Rental contracts which are set to run for a specified term, such as six months or one year, cannot usually be cancelled during this time. The only exception to this rule is instant cancellation, which occurs only when either the tenant or landlord is guilty of serious misconduct, in respect to following the agreed terms and conditions of the contract. If the landlord has drawn up a temporary rental contract for a property, reasons must be stated in this agreement for the limited rental term. Reasons could include planned renovations to the property, or the private use of the property by the landlord. These reasons must be written into the rental contract, otherwise the contract will be deemed to have an open-ended rental term.
Rental contracts continue to become more formal and more complicated. In terms of cancellation, the tenant is required to follow certain rules. Make sure that you read the exact terms and conditions that are listed in your rental contract should you wish to cancel your tenancy. You may also wish to ask a member of the student advice service team at your German university for assistance.
For tenants who do not know exactly how long they wish to stay in a particular place, fixed rental terms are a disadvantage because they are inflexible. Fixed rental terms can however be advantageous, because it is not possible for a landlord who has agreed to this type of contract to terminate the agreement before the end of the rental term. If they wish to reoccupy the property, or perhaps allow a family member to live there, they will have to wait for the end of the agreed term to do so. With an unlimited rental term, the landlord is entitled to give notice at any time that they wish to use the property themselves in a few months.
