Rescinding a German Lease Before Move-In

A signed lease generally binds you — but there's a special case that's different from an ordinary termination: statutory withdrawal (Widerruf). If you signed a lease without ever viewing the flat in person beforehand, you may be able to rescind it under certain conditions, instead of serving the standard three-month notice.

When does a right of withdrawal exist?

A right of withdrawal under Section 312g BGB together with Section 355 BGB exists when the lease was concluded as a so-called distance contract (Fernabsatzvertrag) — exclusively through means of distance communication like the internet, email, phone, or post, with no in-person contact between you and the landlord before signing. The decisive rule is Section 312(4) sentence 2 BGB: if you or another party viewed the flat before signing, the right of withdrawal does not apply — regardless of how the contract was actually signed afterward.

In practice, this mainly affects cases where a flat was booked entirely online, such as renting from abroad or through platforms that match tenants to flats without a physical viewing.

How long do you have to withdraw?

The standard withdrawal period is 14 days from signing — but only once the landlord has properly informed you of your right to withdraw. If that notice is missing, the period extends significantly: the right of withdrawal expires at the latest twelve months and 14 days after signing. Many landlords simply overlook this notification requirement for residential leases — which can work decisively in your favor as a tenant.

How is this different from a normal termination?

A valid withdrawal unwinds the contract retroactively, as if you never signed it — no three-month notice period, and generally no rent owed for time you haven't yet occupied. A termination, by contrast, only ends the contract going forward, following the notice periods described in our guide on terminating a rental contract. Withdrawal is faster, but only available in these narrow cases.

How to withdraw correctly

No specific form is legally required anymore (a clear statement is enough since the reform), but you should still put it in writing for evidence and state clearly that you're rescinding the contract. Double-check first whether a viewing genuinely never took place — even a brief walkthrough by someone authorized on your behalf can rule out the right of withdrawal.

How Waitly can help

If withdrawal doesn't apply, or you're searching for a new place regardless, Waitly's apartment search helps you keep track of available, verified listings.

Frequently Asked Questions

Can I withdraw from any lease I've signed?

No. A right of withdrawal only exists if the contract was concluded as a distance contract without a prior viewing of the flat.

How much time do I have to withdraw?

Generally 14 days from signing, but only if you were properly informed of the right. Without that notice, the period extends to up to twelve months and 14 days.