Terminating a lease

Make the tenancy agreement in writing

You should always make the lease in written. An oral lease is also valid. An oral agreement is always valid until further notice. An oral fixed term lease is possible only if it’s for a cottage or a holiday apartment. You cannot agree on a fixed-term lease verbally, unless it concerns renting a cottage or a holiday apartment, for example.

Period of notice

Lease valid until further notice

A lease that is valid until further notice may be terminated by either the tenant or the landlord. The periods of notice are determined by law.

• When the tenant terminates the lease, the period of notice is one month. The tenant’s period of notice cannot be extended by agreement.
• When the landlord terminates the lease, the length of the period of notice depends on when the lease was concluded. The landlord’s period of notice cannot be shortened by agreement.

For leases concluded on or after 1 October 2026, the landlord’s period of notice is

• four months if, immediately before the termination, the tenancy has continued without interruption for at least two years
• three months in all other cases.

For leases concluded before 1 October 2026, the landlord’s period of notice is

• six months if, immediately before the termination, the tenancy has continued without interruption for at least one year
• three months in all other cases.

Unless the parties have agreed otherwise, the period of notice of the lease is calculated from the last day of the calendar month that notice is given.

Fixed-term lease

As a rule, a fixed-term lease is binding on both parties for the full term, and you can only terminate it in certain special situations laid down in law.

If you want to end a fixed-term lease early, you will generally have to pay compensation to the landlord. Take this into account when considering whether to enter into a fixed-term lease.

Combination of a fixed-term lease and a lease valid until further notice

From 1 October 2026, the tenant and the landlord may agree that the tenancy will initially continue for a fixed period agreed between the parties and will then continue until further notice. During the fixed period, the tenancy may be terminated to end no earlier than at the end of that period.

In leases valid until further notice that were concluded before 1 October 2026, the parties may have agreed on the earliest date on which the period of notice could begin. Such a term remains valid in older leases, but it may no longer be used in leases concluded on or after 1 October 2026.

Reasons for terminating the lease and the tenant’s protection against termination

The tenant may terminate a lease that is valid until further notice at any time. You do not have to give a reason for terminating it.

If the landlord terminates the lease, a valid reason must be given. In principle, any reason the landlord gives for the termination is acceptable, as long as it is true and it does not violate against good practice in tenancy agreements.

Direct protection against termination

Direct protection against termination means that the tenant may ask the court to declare the termination invalid if

• the termination is based on a rent raise and the rent the landlord asks for is regarded as unreasonably high; or
• taking the tenant’s circumstances into account, terminating the lease is unfair and there is no acceptable reason for it.

You should note that if you wish to have the termination declared invalid, you must take the dispute to court. If the court accepts your claim, the lease will continue under the same conditions as before. This is not a matter that the Consumer Disputes Board can handle.

Indirect protection against termination

Indirect protection against termination means that the tenant has to move out but may receive compensation. If there was no acceptable reason for the termination, the tenant has the right to receive compensation from the landlord, for example for moving costs and the expenses of finding a new home.

Giving a notice of termination

By law, the notice of termination must be served on the other party to the tenancy in a verifiable manner or by using two different electronic communication channels. For more information, see Notices during the tenancy

• The terminating party has the burden of proving that the other party received the notice and when it was served.
• When the notice of termination is sent electronically, the recipient is deemed to have received it on the third day after the notification message was sent.

Many landlords use electronic service channels through which you can deliver a notice of termination. If the landlord has given instructions for terminating the lease, read the instructions and follow them as accurately as possible.

Moving day and handing over the dwelling

The moving day depends on when the lease was concluded.

Leases concluded on or after 1 October 2026

Unless otherwise agreed, the moving day is the day on which the lease ends.

The dwelling must be empty and cleaned no later than the day on which the lease ends.

Leases concluded before 1 October 2026

Unless otherwise agreed, the moving day is the working day following the day on which the lease ends.

If the lease ends on a Friday, the moving day is Monday. If Monday is a public holiday, the moving day is Tuesday.

For leases concluded before 1 October 2026, the tenant must make half of the dwelling available to the landlord on the moving day. On the following day, the tenant must hand over the dwelling to the landlord empty and cleaned and return the keys.