Notice period

How to calculate the end of a tenancy correctly

To illustrate: the other party receives notice on 14 September. If the standard three-month period applies, it starts on 1 October and the tenancy ends on 31 December. Notice sent on 30 September that only arrives on 2 October means, under the same conditions, a start on 1 November and an end on 31 January.

So neither the date at the top of the letter nor the postmark is what counts. What matters is legally effective delivery. If the moment of delivery is disputed, clarify that first and only then do the calculation. The start of the period is set by § 2286 of the Civil Code.

When three months does not apply

A tenant can normally terminate a standard open-ended flat lease with three months’ notice. Statutory notice given by the landlord under § 2288 is also three months. However, the same approach does not apply to every fixed-term lease, sublease or special type of housing.

A fixed-term lease can end when the agreed term expires, and the parties can set their own end date by mutual agreement. The law also allows termination without a notice period. A tenant can end the tenancy this way, too, if the flat becomes unusable for the agreed purpose for a reason the tenant is not responsible for. This situation is covered by § 2227.

The tenancy continues throughout the notice period. If the tenant moves out early, the payments do not stop. So agree explicitly on the actual handover date and any alternative arrangement.