'How to Move Out of a Rental Apartment in Germany Properly and Get Your

Moving out of a rented apartment in Germany is best planned as a separate process: first the Kündigung, then preparing the apartment, handing it over with a protocol, and closing out all related contracts. Mistakes at any of these stages can lead to extra months of rent, disputes over the Kaution, or problems with utility statements.

1. Check your rental contract

Start not with boxes, but with the Mietvertrag. In the contract, you need to find:

• the notice period for termination;
• the rules for submitting the Kündigung;
• any clause about Mindestmietdauer if a minimum rental period was agreed;
• a Nachmieter clause, if you want to move out earlier;
• the terms regarding Schönheitsreparaturen;
• the list of keys, basement areas, parking spaces, and additional rooms;
• the method for settling Nebenkosten.

For an open-ended residential lease, the standard Kündigung period for the tenant under §573c BGB is usually calculated like this: the letter must reach the landlord no later than the third working day of the month, and then the contract ends at the end of the second month after that. In practice, that is about three months, but you need to calculate it based on the calendar and the date the letter was received.

2. Send the Kündigung in the correct form

It is best to make the Kündigung in writing on paper with a handwritten signature. If several tenants signed the contract, then all of them usually need to sign the notice as well. E-mail or messenger apps are convenient for coordinating details, but they are not enough for a legally reliable termination of the lease.

In the letter, include:

• the full names of all tenants;
• the apartment address;
• the date on which you are terminating the contract;
• a request to confirm receipt of the Kündigung;
• a proposal to arrange a date for the Wohnungsübergabe;
• your new address for correspondence and for returning the deposit, if it is already known.

Send the letter in a way that lets you prove it was received, for example by registered mail or by handing it over in person with written confirmation of receipt.

3. If you need to move out earlier, discuss a Nachmieter

Sometimes a tenant tries to find a Nachmieter, a new tenant who is ready to take over the apartment. That can help, but it does not always give you the automatic right to leave the contract earlier.

Check whether the contract includes a Nachmieterregelung. Even if you find a financially reliable candidate, the landlord can review the documents and, in some cases, refuse. So do not stop paying rent and do not sign a new lease at the start until your current landlord confirms in writing that you are released from your obligations early.

4. Deal with repairs and the condition of the apartment

Schönheitsreparaturen are one of the most disputed issues when moving out. Not every clause in the contract is valid, and the duty to repair depends on the exact wording of the contract, the condition of the apartment when you moved in, and the actual damage.

Usually, it is safest to do what relates to the real use of the apartment:

• remove your personal belongings;
• clean the apartment thoroughly;
• remove your shelves, hooks, and light fixtures if they are not supposed to stay;
• carefully fill holes if the contract requires it or if it was agreed with the landlord;
• return the walls to a neutral look if bright paint would interfere with the apartment being rented out normally.

You should not automatically pay for a full renovation just out of fear of losing the Kaution. If the landlord demands major work, it is better to ask for written justification and, if you have doubts, contact a Mieterverein or a lawyer specializing in Mietrecht.

5. Prepare for the Wohnungsübergabe

The apartment handover affects the return of your deposit more than it may seem. A few days before the meeting, prepare:

• all keys and duplicates;
• meter readings for electricity, gas, water, and heating, if applicable;
• photos of the condition of the rooms, kitchen, bathroom, windows, floor, and walls;
• documents for built-in appliances, if they are part of the apartment;
• a list of known defects that already existed when you moved in;
• your bank details for returning the Kaution.

At the meeting, an Übergabeprotokoll is prepared. It records the condition of the apartment, meter readings, the number of keys, both parties’ remarks, and the date of handover. Do not sign the protocol if disputed damage is written down as damage you acknowledge. It is better to add a short note that you disagree and keep a copy.

6. Close all related contracts

After the apartment Kündigung, everyday obligations remain. Check:

• electricity and gas;
• internet and mobile contracts;
• Rundfunkbeitrag;
• Hausratversicherung and Haftpflichtversicherung;
• subscriptions, deliveries, and recurring payments;
• mail forwarding;
• registration at your new address or Abmeldung if you are leaving Germany.

If you are moving within Germany, you usually need an Anmeldung at the new address. If you are leaving Germany and will no longer keep housing here, you may need an Abmeldung.

7. Getting your Kaution back

The Kaution is not always returned on the day you hand over the keys. Under §551 BGB, the deposit for residential housing may not exceed three months of Kaltmiete, meaning the rent without utility prepayments. The landlord may keep a justified part of the deposit if there are outstanding claims: damage, unpaid rent, or an expected Nebenkosten settlement.

For landlord claims due to deterioration in the condition of the apartment, §548 BGB provides a six-month limitation period from the time the apartment is returned. Because of a future Nebenkostenabrechnung, part of the amount is sometimes withheld longer, but the withholding must be proportionate and understandable.

If the deposit is not returned without a clear reason, first request a written statement of account. Then you can contact a Mieterverein, Verbraucherzentrale, or a lawyer.

Typical mistakes when moving out

Mistake	What it can lead to	How to avoid it
Sending the Kündigung too late	An extra month of rent	Calculate the deadline based on the date the landlord receives the letter
Giving notice only by e-mail	A dispute over whether the termination is valid	Send a paper letter with a signature
Not taking photos of the apartment	Harder to dispute damage claims	Document the condition before and during handover
Signing the protocol without reading it	Acceptance of disputed defects	Read the Übergabeprotokoll and add objections
Not closing contracts	Ongoing charges	Make a list of all services before moving
Agreeing to unnecessary repairs	Loss of money	Check the contract and get written demands

Short checklist

• Check the Mietvertrag and the Kündigung deadline.
• Send written notice signed by all tenants.
• Arrange a date for the Wohnungsübergabe.
• Prepare the apartment, keys, meter readings, and photo documentation.
• Sign the Übergabeprotokoll only after checking the text.
• Close utility and service contracts.
• Provide your new address and bank details for the return of the Kaution.
• In case of a dispute, do not agree verbally: ask for a written statement and seek advice.