Eigenkündigung

Eigenkündigung is a term used in German-speaking contract law to describe a unilateral termination of a contract by one party without the other party’s consent. It denotes an action taken by the contracting party to end the agreement on its own initiative, as opposed to a mutual agreement or a termination initiated by the other party.

In tenancy law, Eigenkündigung typically refers to a tenant’s termination of a rental agreement. For an ordinary, unbefristed tenancy the tenant can usually end the contract by giving three months’ notice to the end of a calendar month. Fixed-term leases generally end with the term’s expiration; early termination is possible only under specific circumstances or with the landlord’s consent, or through statutory exceptions. The landlord may also terminate the tenancy under statutory notice periods that depend on the length of the tenancy. The termination generally requires a formal written notice and the date of receipt matters for the calculation of the notice period.

In employment law, Eigenkündigung describes an employee’s voluntary resignation from a job. The applicable notice period is defined by statute, contract, or collective agreements and typically depends on the duration of employment. Commonly, employees must give notice that ends on a specific date (for example, the 15th or the end of a month) and may be shorter during probation. The employer may also terminate the employment relationship, but the employee’s resignation creates an independent exit path from the contract.

Consequences of Eigenkündigung include the obligation to fulfill duties until the contract ends, potential impacts on deposits or benefits in tenancy, and professional consequences such as references in employment. In both contexts, care is required to observe applicable notice periods, form requirements, and any contractual or legal protections.