The rule in one sentence
Notice is permitted no later than the third working day of a calendar month, to the end of the month after next. That is what § 573c(1) BGB says. A tenant who gives notice by the 3rd working day of January therefore moves out on 31 March. The month of notice counts in full if the notice arrives in time. This short grace period is known in German as the Karenzzeit.
Working day means Monday to Saturday
The three days are working days (Werktage), not office days. The Federal Court of Justice ruled that Saturday is a working day within the meaning of this provision (judgment of 27 April 2005, VIII ZR 206/04). Sundays and statutory public holidays do not count. Which holidays apply depends on the German state.
| Month | Days at the start of the month | 3rd working day | End of lease |
|---|---|---|---|
| October 2026 | Thu 1, Fri 2, Sat 3 is a holiday, Sun 4 | Mon 5 October | 31 December 2026 |
| November 2026 | Sun 1, Mon 2, Tue 3, Wed 4 | Wed 4 November | 31 January 2027 |
| January 2027 | Fri 1 is a holiday, Sat 2, Sun 3, Mon 4 | Tue 5 January | 31 March 2027 |
| April 2026 | Wed 1, Thu 2, Fri 3 Good Friday | Sat 4 April | 30 June 2026 |
October 2026 shows how a holiday extends the deadline: because German Unity Day falls on a Saturday, the 3rd working day moves to Monday 5 October. Without the holiday it would be Saturday 3 October.
Special case: the 3rd working day is a Saturday
In April 2026 the 3rd working day is Saturday 4 April. Whether the deadline then moves to the next working day under § 193 BGB, in this case Tuesday 7 April after Easter Monday, is disputed. The Federal Court of Justice expressly left the question open. So plan with the Saturday, or better still the Friday before. The notice period calculator shows both dates.
Tenants: always 3 months
For tenants the three-month period applies regardless of how long they have lived in the flat. A longer period in the lease is invalid, because § 573c(4) BGB prohibits deviations to the tenant's disadvantage. One exception is a mutual waiver of notice: it can be agreed for up to four years from the conclusion of the contract. With a graduated-rent lease the right to give notice can also be excluded for up to four years (§ 557a(3) BGB).
Landlords: 3, 6 or 9 months
For landlords the period increases by three months each after five and after eight years since the flat was handed over. A tenant who has lived there for six years gets six months, after eight years nine months. The count starts on the day the flat was handed over, not the day the lease was signed.
In addition, a landlord needs a legitimate interest for ordinary notice, for example personal use or a substantial breach of duty (§ 573 BGB). The reasons must be stated in the letter. Tenants can object in cases of hardship (§ 574 BGB).
Written form and receipt
Notice of a residential lease must be in writing (§ 568 BGB), meaning on paper with a handwritten signature. If several people are parties to the lease, all of them must sign, and the notice must reach all landlords. Receipt is what counts. Posting the letter on the last day almost certainly misses the deadline. How to prove receipt is explained in proving receipt of notice.
Not covered: special cases
Furnished rooms in the landlord's own flat have a shorter period, by the 15th of a month to the end of that month (§ 573c(3) BGB). Fixed-term leases, commercial leases and special termination rights, for example after a rent increase or an announced modernisation, follow their own rules. The calculator does not cover these cases.
How the periods work in employment law is explained in our main guide calculating notice periods in Germany.