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4. Termination Due to Defects – When Tenants Can End the Lease Immediately

Termination Due to Defects – When Tenants Can End the Lease Immediately

Legal Basis for Immediate Termination

Under Section 543(1) of the German Civil Code (BGB), tenants may terminate the lease without notice if serious defects significantly impair the apartment’s usability or endanger the tenant’s health. However, this right applies only if the landlord fails to remedy the defect within a reasonable period after being notified.

Typical cases include severe mold infestation, persistent heating or power failures, or water damage making the apartment uninhabitable. The key requirement is that the defect makes continued residence objectively unreasonable.

Prerequisites: Notice of Defect and Deadline

Before terminating, the tenant must notify the landlord in writing and set a specific deadline for repairs. Only if the landlord fails to act within that timeframe can the tenant terminate without notice.

An immediate termination without prior notice is allowed only in exceptional cases — for example, if there is an immediate health hazard (such as toxic mold or gas leaks) or the apartment has become completely uninhabitable.

Form and Content of the Termination

The termination must be in writing and include the reason for termination. The tenant should describe the defect in detail and, if possible, attach supporting evidence such as photos or medical reports. It’s also advisable to reference the previous notice and repair deadline.

The termination becomes effective once the landlord receives it. The tenant is no longer obliged to pay rent but should only move out once a valid and verifiable reason exists.

Recommendation: Seek Legal Advice

Because immediate termination has serious consequences, tenants should seek legal advice from a tenant association or specialized tenancy lawyer before taking action. This helps prevent the termination from being deemed unjustified, which could lead to claims for damages.

Proper documentation — including defect reports, photos, and written communication — greatly increases the tenant’s legal security and the chances of success.