Landlord Notice Periods After 20 Years of Tenancy

Germany is known for strong tenant protection, and staggered notice periods are a core part of it. Anyone who has lived in the same flat for a long time reasonably wonders how much notice a landlord must give before ending the tenancy - and whether an especially long tenancy, like 20 or 25 years, changes anything further.

The statutory rule: Section 573c BGB

Under Section 573c BGB, a landlord's ordinary notice period extends by three months after five years of tenancy, and again after eight years. The base period is three months, giving this pattern:

Up to 5 years of tenancy: 3 months
From 5 years: 6 months
From 8 years: 9 months

Important: this staggering caps at nine months. After 20, 25, or even 40 years of tenancy, it stays at nine months - the law does not extend it further. This rule also applies only to termination by the landlord. As a tenant, you can generally terminate with the regular three-month notice regardless of how long you've lived there. The exception is an older contract, explained in the next section.

Contracts signed before 1 September 2001

If your tenancy is 25 years old or more, your contract probably dates from before Germany's tenancy law reform took effect on 1 September 2001, and that can matter. Under Art. 229 § 3(10) of the Introductory Act to the Civil Code (EGBGB), notice periods that were agreed in the contract before that date can still apply, even if they're less favourable for you than today's rules. That mainly affects your own notice as a tenant: a longer period you agreed to back then may still bind you.

There's one important exception. If the contract merely repeats the old statutory notice periods in pre-printed standard terms, the current rules apply to any notice received from 1 June 2005 onwards. Longer notice periods for the landlord are allowed in any case, because § 573c BGB only rules out agreements that put the tenant at a disadvantage.

So if you signed before September 2001, take out your contract and check the notice clause before you rely on the standard periods, and get advice if the wording is unclear.

Smiling older couple sitting together on the sofa in their living room (Photo by Vitaly Gariev on Unsplash)

Can a landlord still terminate after 20 or 25 years?

Yes, but only with a legally recognized reason. A long tenancy protects against termination without cause, not against every termination. The most common valid grounds are:

Owner's personal use (Eigenbedarf), when the landlord or a close family member needs the flat themselves.
Serious breach of contract by the tenant, such as persistent rent arrears.
Economic exploitation of the property that would spare the landlord significant disadvantage - courts apply particularly strict requirements to this ground.

Even with a valid reason, the landlord must observe the full notice period tied to the tenancy's length and state the grounds formally and correctly.

Why this matters for long-term tenants

The extended notice period gives tenants who've lived somewhere for many years significantly more time to plan a move - especially valuable in tight rental markets. Tenants also often have the right to object to an ordinary termination and demand continuation of the tenancy on hardship grounds (the "social clause," Sections 574 ff. BGB) - a separate protection that exists independently of the notice period itself.

Received a notice? Extra protection and where to get advice

Extra protection after conversion into condominiums. If your rental flat was converted into a condominium (Eigentumswohnung) after you moved in and then sold, the buyer can't terminate for personal use or economic exploitation for three years after the sale, under § 577a BGB. In areas with a particularly tight housing market, the federal states can extend this to up to ten years. Berlin has done so for the whole city: according to the Berlin Senate Department for Housing, the protection period there is ten years, most recently extended from 1 October 2023.

Check the notice itself. A notice must be given in writing (§ 568 BGB), and the landlord has to state the reasons in the letter (§ 573 BGB). If you want to object on hardship grounds, do it in text form and at the latest two months before the tenancy would end (§ 574b BGB).

Get advice from a tenants' association. A local tenants' association (Mieterverein) checks notices and contracts for its members. You can find your local association through the Deutscher Mieterbund; in Berlin, for example, there is the Berliner Mieterverein. It's worth contacting them soon after you receive a notice, so the two-month deadline for an objection doesn't pass.

Older couple looking at a laptop together on the sofa at home (Photo by Vitaly Gariev on Unsplash)

How Waitly can help

Nine months sounds like a lot, but in a tight market it isn't much time to find a new home. If a move does become necessary, start early: create a free Waitly profile and search for waiting lists in the areas you want, and Waitly emails you when there's a new offer. Our guide to joining an interest list explains how such lists work, and our guide to what comes after giving notice covers move-out, deregistration and the handover.

Young couple carrying a large moving box and a plant in their new flat (Photo by Vitaly Gariev on Unsplash)

Frequently Asked Questions

What notice period applies after 20 years of tenancy?

Nine months - the same as after eight years. The staggering under Section 573c BGB caps at nine months and does not extend further.

Can a tenant still be terminated after 25 years?

Yes, but only with a legally recognized reason such as owner's personal use or a serious breach of contract, and only with the full nine-month notice period.

Does the extended period also apply when the tenant terminates?

No. Tenants can generally terminate with the regular three-month notice regardless of how long they've lived there. In contracts signed before 1 September 2001, individually agreed longer periods may still apply.

Do long-term tenants have extra protection?

Yes. Under the social clause (Sections 574 ff. BGB), they can, under certain conditions, object to termination and demand the tenancy continue. After a conversion into condominiums and a sale, there's also a protection period against personal-use notices of at least three years, and ten years in Berlin.