Arrival counts, not sending
Notice is a declaration that must be received. It only takes effect once it reaches the recipient (§ 130(1) BGB). The periods in German employment and tenancy law are therefore counted from the day of receipt. Dropping a letter into the post box on the last day almost always misses the deadline.
A written declaration is received when it enters the recipient's sphere so that they can normally take note of it. Whether they actually open the letter is irrelevant. Holidays, illness or a full letter box therefore do not prevent receipt.
The letter box and the customary emptying time
For a letter in a private letter box, what matters is when the box would customarily be emptied. The Federal Labour Court looks at the usual local postal delivery times (judgment of 22 August 2019, 2 AZR 111/19). A letter dropped in during the morning is therefore received the same day, one dropped in late afternoon or in the evening often only the next day. Letter boxes are not expected to be emptied on Sundays and public holidays.
Delivery methods compared
| Method | Receipt | Evidential value |
|---|---|---|
| Hand-over in person | immediately | very high with a signed acknowledgement or witness |
| Messenger drops it in | at the customary emptying time | high if the messenger knows the content and keeps a record |
| Registered mail, letter-box delivery | when dropped in by the carrier | medium, proves delivery but not content |
| Registered mail against signature | only when collected | risky, if nobody is home only a notification card is left |
| Ordinary letter | when dropped in | low, no proof |
| Email, fax, messenger apps | invalid | violates the written form |
The safest option is a hand-over in person against a signed and dated acknowledgement. At work you can also hand over the notice in the presence of a colleague who can confirm it. Almost as good is a messenger who reads the letter before it is put into the envelope, records the date and time of delivery and can testify if needed.
Why registered mail against signature is a trap
With registered mail against signature, the recipient must accept the letter personally. If they are not at home, they only get a notification. The notice is only received once they collect the letter, which can take days or never happen. For notice with a deadline, registered mail with letter-box delivery is therefore the better choice. Allow a few working days of buffer for postal times. The notice period calculator uses three working days for registered and ordinary mail.
Written form: a signature on paper
Employment contracts and residential leases can only be terminated in writing (§ 623 BGB, § 568 BGB). The notice must be signed by hand. A scanned signature, an email with a PDF or an electronic signature are explicitly not enough in employment law, as § 623 BGB excludes the electronic form. A copy or a fax is also invalid.
Weekends and public holidays
If the last day for receipt falls on a Sunday or public holiday, the notice period does not move to the next working day. The Federal Labour Court does not apply § 193 BGB to notice periods. You have to plan so that the notice arrives earlier, ideally on a normal working day in the morning. For leases Saturday counts as a working day, and holidays push the 3rd working day back. The details are in terminating a lease in Germany.
Checklist for safe delivery
1. Print the letter, sign it by hand and keep a copy.
2. Determine the latest day of receipt with the calculator and allow a few working days of buffer.
3. Hand it over in person against an acknowledgement or have it delivered by a messenger who knows the content.
4. If you send it by post, choose registered mail with letter-box delivery and save the tracking status.
5. Document the delivery, date and time, ideally with a photo of the labelled letter box.
How the individual periods are calculated is explained in our main guide calculating notice periods in Germany.