Kündigungsabsichten

Kündigungsabsichten refers to statements or actions that indicate one party’s intention to terminate a contractual relationship. They are not themselves a termination, but they can initiate the termination process and help determine deadlines and formal requirements. The concept is used across areas of civil law, including employment contracts, tenancy agreements, and service contracts.

In employment law, a Kündigungsabsicht might be expressed by an employee or an employer when considering ending the employment relationship. The actual Kündigung (termination) usually requires the formal notice in writing to be effective, as prescribed by law. The timing is governed by statutory notice periods under § 622 BGB, which typically depend on the length of employment, as well as any contractual or collective agreements.

In tenancy law, Kündigungsabsichten can relate to plans to terminate a lease. The legal framework generally requires a notice period, commonly three months to the end of a calendar quarter for both landlord and tenant, unless the contract provides otherwise, as per § 573c BGB.

In general, Kündigungsabsicht can also precede a mutual settlement (Aufhebungsvertrag) or lead to negotiated terms in a Kündigungsschutz or severance context. It may trigger obligations to specify the effective date, ensure compliance with form requirements, and consider possible alternatives such as a negotiated early termination.

Overall, Kündigungsabsichten are a preparatory stage in contract termination, and their legal effect depends on the contract terms, the applicable statute, and the form of the eventual termination. Clear communication, formal compliance, and awareness of notice periods are essential to avoid disputes.