If you live in a shared flat, you often want to move out earlier than your contract plans for. What matters then is the notice period, and it depends on your role in the flat: as a co-tenant of the whole flat, as a subtenant or as someone on a fixed-term contract. This guide explains which statutory rule applies to residential tenancies and what to check for your room.
Short answer: For residential premises, ordinary termination under § 573c para. 1 BGB is permitted at the latest on the third working day of a calendar month, with effect at the end of the second following month. If you terminate by the third working day of March, the tenancy ends at the end of May. Last updated: November 2026.
The most important points at a glance
- The statutory basic rule is: notice by the third working day of a month, with effect at the end of the second following month (§ 573c para. 1 sentence 1 BGB).
- This period applies to both sides. The landlord has a longer period after long tenancies (§ 573c para. 1 sentence 2 BGB).
- For residential premises let only for temporary use, a shorter period may be agreed (§ 573c para. 2 BGB).
- Whether the rule fits your room depends on whether you are a co-tenant, a subtenant or on a fixed-term contract.
- Plan your move-out around the notice date, not around the day you move.
Which period applies to your shared room?
The statutory rule refers to a tenancy of residential premises. In a shared flat there are several arrangements that must be assessed differently. Check first which one applies to you.
| Arrangement | What to check | What to watch |
|---|---|---|
| Joint tenancy agreement with all flatmates | Who signed, and which period the agreement sets | A move-out does not automatically end the tenancy for everyone |
| Own room under a subtenancy | Period towards the main tenant and the rules in the subtenancy agreement | The main tenant is your contact, not the owner of the flat |
| Fixed-term tenancy | End date in the agreement and any termination clauses | A fixed-term agreement ends on the agreed date in principle |
| Residential premises let only temporarily | Shorter period agreed under § 573c para. 2 BGB | The shorter period must be in the agreement |
Read the agreement before you give notice. If it sets a different period, it applies only within what the law permits for residential premises. If in doubt, a tenants’ advice service can go through the agreement with you.
Which notice date fits your move-out?
Under § 573c para. 1 sentence 1 BGB, ordinary termination is permitted at the latest on the third working day of a calendar month, with effect at the end of the second following month. This gives a fixed rhythm: if you give notice in time within a month, you move out at the end of the second following month.
| Notice point in time (assumption) | Earliest move-out after notice | Note |
|---|---|---|
| By the third working day of January | End of March | Deadline met |
| After the third working day of January | End of April | The notice takes effect at the next date |
| By the third working day of March | End of May | The example used in the short answer |
| By the third working day of October | End of December | A natural date near the end of the year |
The table describes the rule, not your individual case. Check your calendar to see whether the third working day falls earlier or later in the month in question, because public holidays shift the count.
How do you give notice correctly?
Notice should be given in writing and in a way that can be proven. What matters is that the declaration reaches the landlord or the responsible management in time. If you give notice shortly before the third working day, make sure the receipt is secured as early as possible.
With a joint tenancy agreement, inform your flatmates in advance. A notice given by one co-tenant does not automatically take effect for everyone, so agree on the next steps in writing.
Typical mistakes when giving notice
- The notice date is planned at the end of the month, although the third working day of the month applies.
- Notice is given only verbally, so the receipt cannot be proven later.
- The notice is sent to the wrong address, for example to your flatmates instead of the landlord or the property management.
- The moving date is fixed before the tenancy ends, so rent is payable twice.
What to watch when you move out
The notice starts the preparation for your move-out. Clarify early which keys you must return, how the flat is handed over and whether a handover protocol will be drawn up. Document the condition of the room with photos, especially walls, floors and sanitary fittings.
Also note the meter readings for electricity, gas or water if these run through the flat. With flatmates, a short written agreement helps on who bears which costs until the move-out. This avoids disputes over open items that only appear after you have left.
After the move-out, the statements for operating costs and heating follow. Their review has its own deadlines, which you should keep in view.
Frequently asked questions about moving out
Can I move out earlier if I find a replacement tenant?
A replacement tenant depends on an agreement with the landlord. Without consent the notice period remains in force. Clarify in writing whether the landlord accepts a replacement tenant and when the contract ends.
What happens if I miss the deadline?
The notice then takes effect at the next permissible date. If you give notice too late, rent continues to be payable until the end of the second following month. It is worth working out this calculation before you give notice.
Does the rule also apply if I only stay a few months?
For residential premises let only for temporary use, a shorter period may be agreed (§ 573c para. 2 BGB). Whether this applies to your room follows from the agreement and the purpose of the letting.
Which documents should I keep when I move out?
Keep the tenancy agreement, all letters about the notice, photos of the flat, the handover protocol and confirmation that the keys were returned. These documents help if questions about the deposit, costs or damage come up later.
What to do now
- Read your tenancy agreement and check whether you are a co-tenant, a subtenant or on a fixed-term contract.
- Put the third working day of the notice month in your calendar.
- Give notice in writing, as early in the month as possible, and secure proof of receipt.
- Agree with the landlord and your flatmates how the handover and the cost split will work.
Related reading
- Wohnen im Studium: Miete, WG, Wohnheim und Wohngeld im Überblick
- How to Find a Shared Flat: Tips for a Successful Search
- Student Tenancy Agreement: What You Should Check Before Signing
- Student Dorm or Shared Flat: Which Suits You Better?
Sources: § 573c BGB: Fristen der ordentlichen Kündigung (notice periods for ordinary termination), gesetze-im-internet.de, accessed November 2026. German legal text, English summary.
Last updated: November 2026. This guide is general information, not individual advice.
