Shortening the notice period

This page explains whether and how a shorter notice period can be agreed for the tenant.

For residential tenancies the statutory notice period under Section 573c (1) of the German Civil Code (BGB) generally applies. Under it the tenant can give notice by the third working day of a calendar month, taking effect at the end of the month after next. In practice this regularly amounts to a notice period of around three months.

Even so, in special cases it can be practical to reduce the statutory notice period for the tenant. In house shares, for example, it can make sense to grant the tenant a shorter notice period in order to give them greater flexibility.

A reduction in the tenant's favour is generally possible. The landlord's notice period, by contrast, should not be shortened, since this can disadvantage the tenant and would regularly be invalid.

The Immodio rental agreement generally refers to this statutory notice period.

Can a shorter notice period be agreed for the tenant?

Yes. A contractual reduction of the notice period in the tenant's favour is generally possible.

In house shares in particular, tenants often want more flexibility, since living arrangements, studies, training or career plans can change at short notice. In such cases the rental agreement can include an individual arrangement allowing the tenant to give notice with a shorter period.

One possible wording, which has not been conclusively reviewed from a legal perspective, is:

Notwithstanding Section 573c (1) BGB, the tenant may terminate the tenancy by the third working day of a month with effect from the end of that same month.

The effect of this provision is that the tenant does not have to wait until the end of the month after next, but can terminate at the end of the current month, provided the notice is received in time by the third working day. To agree such wording with legal certainty, Immodio recommends seeking appropriate legal advice from a specialist lawyer.

Can a shorter notice period be agreed for the landlord?

No. A reduction of the landlord's ordinary notice period should not be agreed.

Under Section 573c (4) BGB, agreements are invalid if they deviate from the statutory notice periods to the tenant's disadvantage. A shorter notice period for the landlord would put the tenant in a worse position and is therefore regularly impermissible.

A shortened notice period should therefore only be arranged in the tenant's favour.

Where can I set this in Immodio?

The shortened notice period can be included in the rental agreement as an individual arrangement.

To do this, go to the "Additional agreements" step in the rental agreement assistant and add the arrangement you want under "Individual agreements".

One possible wording, which has not been conclusively reviewed from a legal perspective, is:

Notwithstanding Section 573c (1) BGB, the tenant may terminate the tenancy by the third working day of a month with effect from the end of that same month.

To agree such wording with legal certainty, Immodio recommends seeking appropriate legal advice from a specialist lawyer. Make sure the wording only concerns termination by the tenant and does not provide for any shortening of the landlord's notice period.

Alternative – agreeing a successor tenant arrangement

In addition or as an alternative, you can agree that the tenant may be released from the tenancy early if they provide a suitable successor tenant.

One possible wording, which has not been reviewed from a legal perspective, is:

If the tenant provides a suitable and reasonable successor tenant who is willing to take over the tenancy on unchanged terms, the tenant shall be released early from the existing tenancy once the landlord concludes the new rental agreement.

A successor tenant is suitable in particular if they are economically and personally reasonable from the landlord's point of view. To agree such wording with legal certainty, Immodio recommends seeking appropriate legal advice from a specialist lawyer.

Alternative – tenancy cancellation agreement

Regardless of statutory or contractually agreed notice periods, the landlord and tenant can conclude a tenancy cancellation agreement by mutual consent at any time.

A tenancy cancellation agreement can individually provide for the tenancy to end at an earlier date. This keeps the landlord flexible and allows a suitable solution to be found together with the tenant in each individual case.

You can find a suggested wording for a cancellation agreement in Immodio under Templates.