15. Terminating a lease agreement in Germany

I hate so much my apartment (but not only that, the city and almost the country as well, which I explain more later) that I could not wait any longer to leave it even if I really do not know where I could go next.
I definitely do not want to rent a flat again in my life in Germany.
Anyway, living in this apartment, in this city (Augsburg) and this country became so unbearable that I sent the termination letter for my lease agreement. Just like that.
Alas, again, in Germany, nothing is easy, no, the trivial thing, everything is extremely difficult and complex.

In my lease, and as I discovered in most leases, there is this paragraph:

Das Mietverhältnis beginnt am 01.01.2024 und läuft auf unbestimmte Zeit. Die
Vertragsparteien sind sich darüber einig, dass das Mietverhältnis unter Einhaltung der
ordentlichen Kündigungsfrist frühestens zum 31.12.2024 ordentlich kündbar ist.
(Dates are examples)

Which is can be translated as follow:
The tenancy begins on DD.MM.2024 and runs for an indefinite period. The contracting parties agree that the tenancy can be terminated in accordance with the ordinary notice period at the earliest on DD.MM.2025.

I naively understood that if I send the termination letter 3 months before 01.10.2025, the lease would be terminated on 31.12.2024.
However, after consulting with the legal department from my company, it means that I can send the termination letter from 31.12.2024, so the lease can be terminated on 31.03.2025.

Another horrible thing about German termination contracts in general (think Deutschland Ticket for instance) is that you really have to be careful about when to send your notice:
For instance, if you want your lease to be terminated on 31 october, then the letter must be received on the 2 August at the lastest by the landlord, otherwise, the termination date would be 30 November. In other words, for the current month to be taken into account for the 3-month notice, it has to be received before the second of the current month.

The wording is very unclear and prone to misunderstanding and misinterpretation, and not only to foreigners, but also to Germans: one of my Germany colleague wanted to leave before before a year after he moved in and he, too, discovered that he had the same clause in his lease.

In the end, my lease will end in DD.MM+3 months, 2 days into the second year of use of my 15000 euros kitchen that the landlord agreed to buy at 10% discount for each started year of use, which will be 20% discount.
I really feel scammed twice with this apartment.

One last detail, you have to send a registered mail (Einschreiben), and in Germany, the date taken into account is the date when the landlord accept and sign the registered mail.
Needless to say that some unscrupulous landlords might just refuse it voluntarily. So in order to bypass this possible issue, the recommendation is to send the Einschreiben Einwurf: the letter is delivered to the landlord's postbox and the postman acknowledge the letter being delivered.

You have to anticipate the delivery date, as it the the one taken into account for the termination of the lease so, knowing the efficiency of Deutsche Post, a week and a half is reasonnable enough. If the lease ends on 31st October, it would be wise to send it aroung 15th October, just to be sure.

Here is a summary of "how to terminate your lease in Germany":

1. What is my minimum "initial" lease duration:
   The lease cannot be terminated before the minimum duration on the lease contract.
   Example: if it is one year and you leave after 6 months, you have to pay for the 6 remaining months of rent, no matter what are the circumtances, whole family died, job loss, disease, company transfer are not valid reason to terminate the lease.
   Solution: if you decided to leave before the minimum duration of the lease, you can find a new tenant yourself, provided that the new tenant is validated by the landlord...

2. What is my notice period
   In most case: 3 months

3. What is my minimum "final" lease duration
   You are doomed for "minimum lease duration" + "notice duration".
   In most case: 12 months + 3 months, so 15 months. But be very careful as some are 24 months + 4 months, or even more... Also, it can be trickier: the notice period can be 3 months after 12 months until 3 years, then the notice period becomes 6 months. Yay!
   The termination letter can only be sent from the end of the minimum duration of the
   lease. It means that you are bound for "minimum lease duration" + "notice duration".
   In general: 12 months + 3 months, so 15 months.

4. When to send the termination letter
   In general, as Germany is a flexible country (this is ironic), landlords want the contract to begin on the first of the month.
   Example: The lease begin on 01.01.2026 and the minimum duration is 12 months, with a notice pediod of 3 months.
   The earliest "final" end date of your lease is 31.03.2027 (12+3 months).
   If you want to leave the apartment on the 31.03, the landlord has to received the termination letter on the 02.01.2027 at the latest so be sure to sent it probably around 01.12.2026 as there are many holidays.

5. How to send the termination letter
   Print the letter and sign it with a ballpoint pen, blue or black ink.
   Go to the Post office early December and ask for a Einschreiben Einwurf.
   Hope for the best and hope that the Post Office will not enter into strike or that your mail will not be lost.

In contract, "How to terminate your lease in France" if you live in a "zone tendue" (meaning most cities, even small like Rennes or Toulouse):
The minimum lease duration is mostly for the landlord so that they won't evict you within the lease duration, and as a tenant, you can terminate the lease whenever you want, even after one month. The notice period is the same for all contract (not like in Germany): 3 months for a non-furnished, 1 month for a funished apartment. The date taken into account is the post date (just to make it clear: the date that is stamped on the letter).
Voilà.

I cannot wait to leave this apartment.
I just wish for myself that I will never have to rent an unfurnished apartment ever again in this country.