Fixed-Term Lease in Germany: Reasons, Termination, Extension and Checklist

By Daniel Schulz, residir GmbH · Last updated: 13 October 2026

A fixed-term lease in Germany ends automatically on a date agreed in advance, without anyone having to give notice. For an ordinary flat, however, this is only allowed if the landlord has one of the three reasons set out in Section 575 BGB (German Civil Code) and states it in writing when the contract is signed. If there is no valid reason, the lease is treated as open-ended.

Guests who come to Munich for a project or the first few months of a new job often ask us in Lehel what kind of contract they are actually signing. The answer ranges from a Zeitmietvertrag (fixed-term tenancy) and a tenancy for temporary use to a Beherbergungsvertrag (accommodation contract, as with a hotel). This guide explains the differences as of October 2026; it does not replace legal advice, and in the event of a dispute a Mieterverein (tenants’ association) or a specialist tenancy lawyer can help.

In this article:

• What is a Zeitmietvertrag?
• The three reasons under Section 575 BGB
• Terminating during the fixed term
• Waiver of notice as an alternative
• End of the term, extension and moving out
• Rent increases and the rent cap
• Exceptions under Section 549 BGB
• Fixed-term and furnished
• Accommodation contract instead of a lease
• Template and checklist
• Conclusion
• Frequently asked questions

Question	Quick answer
Legal basis	Section 575 BGB (Zeitmietvertrag, fixed-term tenancy)
Permitted reasons	Own use by the landlord or relatives, demolition or major conversion, tied accommodation for an employee
Form	Reason must be given in writing when the contract is signed
Without a valid reason	The lease is deemed to be open-ended
Termination during the term	Ordinary notice excluded, extraordinary termination possible
End	Automatically on the end date; the tenant has a right to information from four months beforehand
Exceptions	Temporary use and a furnished room in the landlord’s own flat (Section 549(2) BGB)

Fixed-term lease in Germany: what is a Zeitmietvertrag?

A lease is fixed-term if, from the outset, it is only meant to run until a certain date. Lawyers call it a Zeitmietvertrag. How does it differ from the norm? The usual open-ended tenancy only ends when one side gives notice, and the landlord needs a legitimate interest to do so.

A time-limited lease for residential property is therefore the exception. The law only allows it if the landlord has a legally recognised reason. This is also known as a qualified fixed-term tenancy. The simple fixed-term tenancy without a reason, which used to be possible, was abolished for residential property in the 2001 tenancy law reform.

Not every contract that looks like a fixed-term lease is a Zeitmietvertrag. If you book serviced apartments in Munich for a project assignment, you often sign an accommodation contract with a fixed departure date. If you rent a holiday flat for two weeks, you fall under the exception for temporary use. Different rules apply to both; more on this below.

Zeitmietvertrag under Section 575 BGB: the three permitted reasons

What reasons can justify a fixed-term lease? Section 575 BGB lists only three, and the landlord must need the flat for one of them once the tenancy ends:

1. Own use: they want to use the premises as a home for themselves, for family members or for members of their household.
2. Demolition or conversion: they want to lawfully remove the premises or alter or refurbish them so substantially that a continued tenancy would make the work considerably more difficult.
3. Tied accommodation (Werkwohnung): they want to let the premises to someone who is obliged to provide services to them, such as a caretaker.

A fixed-term lease is most often based on Eigenbedarf (the landlord’s own need). One example: the landlord’s daughter starts university in Munich in two years and is then to move in. A lease limited to one year because the landlord will move in afterwards is equally possible. What matters is that the intention already exists when the contract is signed and is not just a pretext.

Other reasons do not count. A fixed term because of a planned sale is not permitted, as a sale is not on the list. If the flat is sold, the buyer takes over the existing lease. Nor does a wish to stay flexible or to reset the rent soon justify a fixed term.

Stated in writing and in specific terms

The landlord must inform the tenant of the reason in writing when the contract is signed, ideally in the contract itself. It should be specific enough to be checked later: who is to move in, or what building work is planned. According to the prevailing view, simply repeating the wording of the statute is not enough.

Fixed-term lease without a reason: it is then treated as open-ended

A fixed-term lease without a reason, or with an insufficiently justified fixed term, is not void as a whole. The law states that it is deemed to have been concluded for an indefinite period. For the tenant, this means full protection against termination; the landlord can then only give notice with a legitimate interest.

However, the Bundesgerichtshof (Federal Court of Justice) has in some cases interpreted an invalid fixed term as a mutual waiver of notice until the agreed date. If you want to get out of such a contract early, do not simply give three months’ notice; take advice first. A tenants’ association can check from the wording of your contract whether your Zeitmietvertrag is valid.

Terminating a fixed-term lease: what applies during the term

During the agreed period, ordinary termination is excluded for both sides. So if you want to end a Zeitmietvertrag because, for example, you are relocating for work, you cannot do so with the usual three months’ notice. Conversely, the landlord cannot terminate for own use before the end date.

Whether a fixed-term lease can be terminated early depends on the circumstances. It is only possible in these cases:

• Extraordinary termination without notice for good cause (Sections 543, 569 BGB), for example in the case of substantial rent arrears, serious breaches of duty or a health hazard caused by the flat.
• Extraordinary termination with the statutory notice period, for example if the landlord refuses permission to sublet without good cause, after the tenant’s death or after a modernisation has been announced.
• Aufhebungsvertrag (termination agreement): tenant and landlord agree on an earlier end date. In practice, this is the most common route.

A fixed-term lease also allows termination for good cause, which takes effect without notice. The notice period for a special right of termination under a fixed-term lease is set by law and is usually around three months. Notice must always be given in writing with a signature.

There is no statutory right to leave the contract early by providing a Nachmieter (replacement tenant). Courts have only recognised this in exceptional cases where the tenant has a substantial legitimate interest and puts forward a reasonable replacement. Talk to your landlord early on; a solution can often be found.

Waiver of notice in the lease: the alternative to a fixed term

Many landlords who want certainty choose a Kündigungsverzicht (waiver of the right to give notice) instead of a fixed term. The lease is then open-ended, but both parties waive ordinary termination for a set period. The landlord does not need a reason for this.

According to the case law of the Bundesgerichtshof, a waiver of notice in a standard-form lease is valid for up to four years from the signing of the contract, provided it applies to both sides. A one-sided waiver by the tenant alone is generally only permitted in a standard-form lease in combination with a Staffelmiete (graduated rent with pre-agreed increases). In effect, this is a time-limited exclusion of termination.

The difference from a Zeitmietvertrag becomes clear at the end: once the waiver expires, the tenancy simply continues. The tenant can then give three months’ notice, while the landlord, as with any other lease, needs a legitimate interest.

When a fixed-term lease expires: extension, moving out and information

When a fixed-term lease expires, the tenancy ends on the agreed date; no notice is needed. So that tenants can plan, they may, at the earliest four months before the end, ask the landlord to tell them within one month whether the reason for the fixed term still applies. If the landlord replies late, the tenant can demand an extension equal to the period of the delay.

If the reason is delayed, for example because the conversion starts later, the tenant can demand an extension for that period. If the reason disappears altogether, they can demand an extension for an indefinite period. In this case the law provides for a conversion, with the fixed-term lease turning into an open-ended contract. The burden of proving the reason and the length of any delay lies with the landlord.

Extension and chain contracts

If a fixed-term lease is to run for longer, it can be extended by agreement at any time. If the new term is also to be fixed, it again requires a valid reason under Section 575 BGB. A Kettenbefristung (chain of fixed-term contracts), i.e. several fixed-term leases in a row without a genuine reason, therefore does not protect the landlord; in case of doubt, the tenancy is deemed open-ended.

It is important to know whether a fixed-term lease can extend automatically. If the tenant remains in the flat after the end date and neither party objects within two weeks, the tenancy is extended for an indefinite period under Section 545 BGB. Many leases exclude this rule, so it is worth checking your contract.

If the tenant does not move out

If a fixed-term lease ends and the tenant does not move out, the landlord may neither change the locks nor clear the flat. They must object and, if necessary, sue for eviction. For the period after the end of the contract, the tenant owes compensation for use at least equal to the previous rent (Section 546a BGB).

Rent increases and the Mietpreisbremse (rent cap) with a fixed-term lease

A fixed-term lease does not rule out a rent increase; the normal rules apply. The landlord can ask the tenant to agree to an increase up to the ortsübliche Vergleichsmiete (local reference rent), in Munich subject to a cap of 15 per cent in three years. Alternatively, the parties can agree a graduated or index-linked rent from the outset.

The rent cap also applies to fixed-term contracts. In Munich, the rent at the start of a tenancy may be no more than 10 per cent above the local reference rent, with exceptions for new builds, for example. How to work out the reference rent for a flat is explained in our guide to the Munich rent index.

Section 549 BGB: temporary leases for short-term use

Not every temporary lease is subject to Section 575 BGB. Section 549(2) BGB exempts certain residential tenancies from important protective provisions: from the rent cap, the rules on rent increases and protection against termination, including the provisions on fixed-term tenancies. In practice, two cases matter.

Accommodation let for temporary use

The first case is accommodation let only for temporary use. The decisive factor is not just the duration but the purpose: the tenant is not meant to have the centre of their life there, but to stay for a foreseeable, short-term reason. Typical examples are a holiday flat, an assignment on a building site or a visit to a trade fair. What this means for guests on a long term holiday rental is summarised separately.

In Munich, this applies, for example, to tradespeople who move into workers’ accommodation in Munich for a few weeks.

The same goes for exhibitors who book an apartment for a few days as accommodation for Messe Munich. By contrast, anyone who comes with their family for an indefinite period because of a new job is no longer living there only temporarily, even if the contract is short.

A furnished room in the landlord’s own flat

The second case is accommodation that forms part of the flat the landlord lives in and that the landlord is obliged to furnish for the most part, for example a furnished room with a landlady who lives in the flat herself. The exception does not apply if the room is let to a family or a permanent joint household. Here, notice can be given by the 15th of a month to the end of that month.

A third case concerns accommodation rented by public bodies or welfare organisations to house people in urgent need of a home. Further special rules for student halls and youth hostels are set out in Section 549(3) BGB.

A tenancy law reform bill adopted by the Federal Government in April 2026 provides, among other things, for a maximum duration of six months for such short-term lets, with a one-off extension of two months, and aims to rule out chains of contracts. As of October 2026, please check whether and from when the new rules are in force.

Fixed-term lease for a furnished flat

A common misconception: renting a furnished flat does not automatically mean you have fewer rights. A lease for a furnished flat that the tenant lives in alone is a perfectly normal residential lease. A fixed-term lease for a furnished flat therefore also needs a reason under Section 575 BGB, unless the flat is let only for temporary use.

Especially in Munich, where many furnished apartments in Munich are offered for a few months, it pays to check the type of contract. A fixed-term lease for a furnished flat without a reason is deemed open-ended. A furnished lease also often provides for an all-inclusive rent covering service charges, electricity and internet.

The landlord may charge a reasonable surcharge for the furniture. The planned tenancy law reform aims to cap this furniture surcharge in cities with a tight housing market and requires it to be shown separately in the contract. Attaching an inventory list to the lease for a temporary furnished flat avoids disputes about missing items when you move out.

Accommodation contract instead of a lease: apartments with services

In hotels, aparthotels and many boarding houses, guests usually do not sign a lease but an accommodation contract (Beherbergungsvertrag). It combines the use of the room with services such as cleaning, laundry or on-site staff. The statutory protections for residential tenants then generally do not apply, but nor are there long notice periods.

The boundary is not always clear-cut. Courts look at what has actually been agreed and how it works in practice: duration, services, furnishings and whether the guest has the centre of their life there. If you are staying in an apartment in a boarding house in Munich for several months, for example, look closely at the contract terms.

We will tell you which type of contract we offer for longer stays at Ländstraße when you enquire. How a boarding house differs from a hotel and a holiday flat is explained in our guide What is a boarding house?.

Fixed-term lease template: checklist before you sign

You can get a template for a fixed-term lease or a sample Zeitmietvertrag from landlords’ associations, tenants’ associations and specialist publishers. A template does not, however, replace checking whether the reason holds up in your individual case. These points show whether a template-based fixed-term lease is sound:

• Is the reason for the fixed term stated specifically and in writing, for example who is to move in?
• Does the contract contain a clear end date?
• Is the rent within the limits of the rent cap, and has a graduated or index-linked rent been agreed?
• Is tacit extension under Section 545 BGB excluded?
• For furnished flats: is there an inventory list, and is the furniture surcharge reasonable?
• Deposit of no more than three months’ Nettokaltmiete (basic rent excluding service charges and heating), payable in three instalments on request (Section 551 BGB).
• Handover report on moving in and moving out.

After moving in, you need a Wohnungsgeberbestätigung (landlord’s confirmation of residence) from your landlord to register at the Bürgerbüro (citizens’ office), regardless of how long the contract runs. The deadline for this is two weeks.

Conclusion: check the reason, the form and the type of contract

A fixed-term lease for a flat only holds if it is based on a reason under Section 575 BGB that was stated in writing when the contract was signed; separate rules apply to short stays for temporary use, furnished rooms in the landlord’s home and accommodation contracts. So if you are only staying in Munich for a few months, first check what type of contract you are actually looking at before you sign.

Frequently asked questions about fixed-term leases

Is a fixed-term lease allowed in Germany?

Yes, but for an ordinary flat only with one of the reasons listed in Section 575 BGB: the landlord wants to use the flat afterwards for themselves or relatives, demolish or substantially convert it, or let it to an employee. The landlord must state the reason in writing when the contract is signed. Without a reason, the lease is deemed to be open-ended.

Can a fixed-term lease be terminated early?

Not with ordinary notice: during the term, ordinary termination is excluded for both sides. Extraordinary termination for good cause, special termination rights with the statutory notice period and a termination agreement, which tenant and landlord can conclude together at any time, all remain possible.

Does a fixed-term lease have to be terminated?

No. A validly fixed-term lease ends automatically on the agreed date. If the tenant continues to use the flat afterwards and neither party objects within two weeks, the tenancy is extended for an indefinite period under Section 545 BGB, unless the contract excludes this rule.

What happens if no reason is given in a fixed-term lease?

Then the lease is deemed to have been concluded for an indefinite period. The landlord can then only give notice with a legitimate interest, such as own use. Courts have in some cases interpreted an invalid fixed term as a mutual waiver of notice until the agreed date.

Is selling the flat a reason for a fixed-term lease?

No. A planned sale is not one of the reasons in Section 575 BGB. If the flat is sold, the buyer takes over the existing lease; the principle is known as Kauf bricht nicht Miete (a sale does not break a lease).

What is the difference between a Zeitmietvertrag and a waiver of notice?

A Zeitmietvertrag ends automatically on a fixed date and requires a statutory reason. With a waiver of notice, the lease is open-ended, but both parties waive ordinary termination for a set period, in a standard-form lease for a maximum of four years.

Does the rent cap also apply to fixed-term and furnished flats?

In principle, yes: in cities with a rent cap such as Munich, it also applies to fixed-term and furnished flats. Exempt are accommodation let only for temporary use and a furnished room in a flat in which the landlord lives (Section 549(2) BGB).