Revoked rent termination agreement? This is how landlords successfully enforce their claims!

1. The initial situation: rent termination agreement, revocation and landlord rights

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A rent termination agreement sounds like an elegant solution: Tenants and landlords agree, end the tenancy agreement by mutual agreement, usually arrange moving out and handing over flexibly and easily. But what if the tenant suddenly withdraws or simply does not move out? Landlords across Germany in particular are increasingly confronted with the argument that a signed rent termination agreement can be revoked within 14 days — similar to online purchases. Is that even legally possible? And how should you, as a landlord, react wisely and legally in order to enforce your claims quickly?

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Faruk Tokluoglu

Read the judgment of the Regional Court of Berlin II — Ref.: 67 S 213/24 — Order of 19.02.2025 here in full text

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2. When can a tenant cancel the rent cancellation contract?

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Key question asked by many landlords: Does a sample of typical consumer protection law (“right of withdrawal”) also apply to the rent termination agreement? The current legal situation — shaped by judgments such as the Berlin Regional Court (Ref.: 67 S 213/24) — provides clarity: A rent termination agreement is usually binding immediately after signing. The well-known 14-day right of withdrawal, which applies when shopping online, for example, does not usually apply. Tenants can only challenge the contract in very rare exceptional cases — such as serious deceptions, errors or illegal threats — but cannot simply cancel it.

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3. Practical tip: How to react if the tenant does not move out?

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If the tenant declares a revocation after signing the rent termination agreement or simply refuses to move out, landlords face significant economic risks: Continuous rent losses, blocked new letting and uncertainty take their course. In this situation, decisive action is required:

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• Review the contract: Is the agreement clearly and clearly formulated? Is there any evidence of a genuine reason for appeal?
• Set deadlines quickly: Notify the tenant in writing of his obligation to move out.
• File an eviction action and claim compensation for use: After the deadline has expired, you can take legal action to claim ownership and, if applicable, arrears of payments (compensation for use). It is best to have a lawyer represent you. The eviction lawsuit is NOT AN EASY procedure due to the principle of social tenancy law that is also fully applicable in your tenant relationship.
• Benefit from legal support by lawyer Depenbrock from Telgte: A structured, legally sound brief to the other party may save time, money and nerves and reduces the risk of more expensive mistakes or even possibly eviction proceedings.

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The latest court decisions in particular show that with competent support from an experienced lawyer, landlords can enforce their rights quickly and with minimal risk.

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4. Lawyer Depenbrock from Telgte helps landlords nationwide

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With a reliable and nationwide partner such as lawyer Guido Depenbrock from Telgte at your side, you can ensure that your request is successful safely and quickly. In particular, if the tenant tries to cancel or does not move out of a rent termination agreement, you benefit from:

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• Immediate assessment of the contract situation and legal options
• Development of a clear action strategy (setting a deadline, eviction action, payment claim/compensation for use)
• Sovereign representation vis-à-vis tenants and courts
• Personal and committed advocacy specifically for landlords

Don't wait until you lose control — act proactively before further financial damage occurs. Rely on legal certainty and experience!

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5. Conclusion: Act now — protect your landlord rights!

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Once signed, a rental cancellation agreement remains binding. Landlords can rely on the current Leading decisions of the courts abandoned, but not at the consent of the tenant. If there are delays, claims of revocation or refusal to extract, quick, consistent action is essential.

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Don't hesitate — get in touch with lawyer Depenbrock from Telgte and use his nationwide expertise to effectively enforce your claims as a landlord. This is how you protect your property, your returns and your nerves.

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Please note: The content of our website is for informational purposes only and does not replace qualified legal advice that addresses the specific circumstances of your individual case. The legal situation can always change as a result of new court rulings or legal changes. If you would like a binding legal opinion or personal advice, we will be happy to help you. Get in touch with us anytime.

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Cover photo: Getty Images