A fixed-term lease for students in Germany is not allowed simply because you are a student. A fixed-term tenancy for housing (Zeitmietvertrag) needs a statutory reason, which § 575 of the German Civil Code (BGB) names explicitly. Once you know these reasons, you can see quickly whether a time limit in your contract can hold.
Short answer: A fixed-term lease for a flat is only permitted if, when the term ends, the landlord has one of the three reasons in § 575 para. 1 BGB: using the flat for themselves or relatives, demolishing or substantially renovating it, or letting it to someone obliged to provide a service. Studying is not one of these reasons. Last updated: November 2026.
The essentials in brief
- A fixed-term tenancy is only permitted if one of the reasons in § 575 para. 1 BGB applies.
- The law names three reasons: own use, demolition or substantial renovation, and letting to a person obliged to provide a service.
- The reason must be communicated to the tenant in writing when the contract is concluded. If this notice is missing, the tenancy counts as open-ended.
- You may ask at the earliest four months before the end date that the landlord confirms within one month whether the reason still applies.
Which reasons allow a fixed-term flat?
A fixed term is only permitted in three cases. The reasons are listed in § 575 para. 1 nos. 1 to 3 BGB. The table explains what each one means in practice.
| Reason under § 575 BGB | What it means |
|---|---|
| No. 1: Use as a home | After the term ends, the landlord wants to live in the flat themselves, or a family or household member wants to. |
| No. 2: Demolition or renovation | The landlord wants to demolish the rooms or renovate them so substantially that continuing the tenancy would considerably hinder the work. |
| No. 3: Letting to a person obliged to provide a service | The landlord wants to let the rooms to someone who is obliged to provide services to them, for example a caretaker. |
Is being a student a reason for a fixed term?
No. The three reasons in § 575 BGB concern the landlord or the building, not the tenant’s education. A fixed term based only on the end of the semester, your degree or the standard period of study cannot be justified under this provision. If you want to sublet after your studies, the rules are explained in our guide to temporary subletting for students.
A flat on the open market follows different rules than a place in a student hall. In a hall, the operator’s conditions apply, and the question of a fixed term looks different. Read the contract carefully before you sign. An overview of housing options is given in our hub on living while studying.
What applies if the written notice is missing?
The reason must be communicated to the tenant in writing when the contract is concluded. If this notice is missing, the tenancy counts as open-ended. Check first whether the contract states a concrete reason and not only an end date.
If the reason only arises later, the tenant can ask for a correspondingly longer term. If the reason ceases to exist, the tenant can ask for an open-ended extension. The landlord bears the burden of proof for the reason arising and for the length of any delay.
How to ask in time
Before the term ends, you have a right to information under § 575 para. 2 BGB. The steps in brief:
- Ask the landlord at the earliest four months before the tenancy ends whether the reason still applies.
- The landlord must confirm within one month whether the reason still applies.
- If the answer comes late, you can ask for an extension by the length of the delay.
Example: the fixed term ends on 31 July 2027. Your request is then possible at the earliest on 31 March 2027. Put the request in writing so that you can prove when it was received. The general rules on tenancy agreements are explained in our guide on reading a tenancy contract (in German).
| Point in time | What applies |
|---|---|
| Four months before the end | Earliest possible date for your request about the reason |
| After your request | The landlord must confirm within one month whether the reason still applies |
| If the answer is late | You can ask for an extension by the length of the delay |
Frequently asked questions
Can a landlord rent a flat only until the end of my studies?
Not for that reason alone. The end of your studies is not a reason under § 575 para. 1 BGB. A fixed term needs one of the three statutory reasons and written notice of it. If both are missing, the tenancy counts as open-ended.
What happens if the landlord does not state the reason?
The tenancy then counts as open-ended. An end date in the contract alone does not oblige you to move out on that date. If you are unsure, get advice before you sign or give notice.
Can I ask for an extension?
Yes, in two situations. If the landlord answers your enquiry late, you can ask for an extension by the length of the delay. If the reason arises later or ceases to exist, the rules in § 575 para. 3 BGB apply.
Who helps if there is a dispute about a fixed term?
In a dispute you can turn to a tenants’ advice service, for example a tenants’ association or the social counselling service of your student services organisation. They can go through the contract with you clause by clause.
What to do now
- Read the fixed-term clause and look for the concrete reason under § 575 para. 1 BGB.
- Check whether the reason was communicated to you in writing when the contract was concluded.
- Note the end date and the date four months before it in your calendar.
- Send your request in writing and keep proof of sending.
Terms that often appear in the contract
A fixed-term tenancy is a contract with a set end date. The law calls this a Befristung. The reason for the end date is the Befristungsgrund, for example the landlord’s own need for the flat. Some contracts mention the reason only in passing. What matters is whether the reason under § 575 BGB really exists and whether it was communicated to you in writing when the contract was concluded.
A declaration takes effect only when it reaches the other party. For your enquiry this means that a letter which never arrives has no effect. Keep proof of sending and any confirmation of receipt.
What to watch for in your enquiry
- State the address of the flat and the date on which the tenancy ends.
- Ask expressly whether the reason under § 575 para. 1 BGB still applies.
- Remind the landlord that they must answer within one month.
- Keep a copy of your enquiry, the proof of sending and every reply.
A tenants’ advice service can check your message before you send it, so that no important detail is missing.
Related guides
- Living while studying: rent, shared flats, halls and housing benefit
- Reading a tenancy contract as a student (in German)
- Temporary subletting for students
- Getting your deposit back after moving out
- Notice periods in a shared flat
Sources:
Last updated: November 2026. This guide is general information, not individual advice.
