Letting a studio or room to an Erasmus student in Germany: why a fixed-term lease is rarely valid, the Kündigungsverzicht alternative, Kaution and rent cap.
In Germany, a residential lease is open-ended by default. A contract "from 1 October to 31 March" is only valid as a fixed-term lease if you invoke, in writing and at signing, one of the three reasons the law allows; otherwise it is deemed concluded for an indefinite period. To let a studio or a self-contained room to an Erasmus student for a semester, you therefore need to know the alternative landlords use: an open-ended lease with a mutual waiver of termination. Add three rules with numbers attached, the Kaution capped at three months' rent, the statutory notice period and, in tight-market towns such as Göttingen, the rent cap on new leases. This guide explains them from the landlord's side, with sources.
Why a "one-semester" lease is not that simple
§ 575 BGB allows a fixed-term lease (Zeitmietvertrag) in only three cases: at the end of the term you want to live in the premises yourself or house a member of your family or household; you want to demolish, convert or repair the premises in a way that makes it impossible for the tenant to stay; or you want to let the premises to someone bound to provide you services. The reason must be communicated in writing at signing. Otherwise the law is explicit: the lease is deemed concluded for an indefinite period.
In practice, "the student leaves in March" is not a reason within the meaning of § 575. A dated lease without a valid reason gives the tenant an open-ended contract, which they may leave with statutory notice but which you cannot end on the planned date if the tenant wishes to stay.
Two important exceptions limit the scope of that finding:
- The furnished room in your own home (§ 549 paragraph 2 no. 2 BGB) escapes § 575 as well as justified termination. Notice is short for both sides, by the 15th of a month at the latest, effective at the end of that month (§ 573c paragraph 3 BGB). For that case, read renting your room to an Erasmus student in Göttingen.
- Housing let for temporary use (§ 549 paragraph 2 no. 1 BGB) also enjoys a lighter regime, but the courts read it narrowly (genuinely passing stays); a university semester does not fall within it with any certainty. Do not build your contract on that exception alone without legal advice.
The alternative: open-ended lease + mutual waiver of termination
The common practice for aligning a lease with a fixed period is the Kündigungsverzicht (or Kündigungsausschluss): the lease is open-ended, but both parties waive ordinary termination for a given period. Once that period ends, either may terminate with statutory notice.
The Federal Court of Justice (BGH) frames this clause when it appears in a standard-form contract: it must be mutual, cover only ordinary termination, and its duration may not exceed four years from the conclusion of the contract, failing which it is void (case-law summary, Haufe). For a semester you are very far from that ceiling: a six-month waiver is perfectly possible.
What this looks like for a student arriving for the winter semester:
| Element | What you write | Effect |
|---|---|---|
| Duration | Open-ended lease from 1 October | Consistent with the statutory regime |
| Kündigungsverzicht | Mutual waiver of ordinary termination until 31 March | Neither you nor the student can terminate before then |
| End of stay | The student gives notice with statutory notice period for the end of March | They must plan ahead: see below |
| Early departure | Not possible without your consent; a replacement tenant (Nachmieter) can be negotiated | Security for you, negotiated flexibility for them |
The point students almost always miss: the waiver of termination does not end the lease automatically. To leave at the end of March, the student must give notice within the statutory deadlines. Explain this at signing, and write the deadline into the contract. Otherwise the lease continues.
Statutory notice, tenant side and landlord side
§ 573c BGB sets ordinary notice: notice must be given by the third working day of a month at the latest, to take effect at the end of the month after next. Notice received on 3 January ends the lease on 31 March; notice received on 5 January, on 30 April. For the landlord, this notice period lengthens with the tenant's length of stay, which does not concern an Erasmus stay.
Two reminders:
- The landlord of a self-contained dwelling may only give notice for a legitimate reason (§ 573 BGB): own use, breaches by the tenant, and so on. The end of the semester is not one; hence the value of a tenant who wants to leave.
- A clause that shortened the landlord's notice or lengthened the tenant's to the tenant's detriment is void (§ 573c paragraph 4 BGB). Only the furnished room in the landlord's own home has the short notice of paragraph 3.
The Kaution: three months' rent, three instalments
§ 551 BGB caps the deposit at three times the monthly rent excluding utilities (utilities billed as a flat rate or advance do not count). The tenant is entitled to pay it in three equal monthly instalments, the first at the start of the lease. You must keep the sum separate from your own assets, in an interest-bearing account at the usual rate for savings deposits with three months' notice; the interest belongs to the tenant and increases the security.
For a student arriving from abroad, the Kaution is a large cash outlay before the first rent is even due. Two gestures make your advert more attractive without reducing your security: accept payment in three instalments from the outset, and set a reasonable return deadline in the contract after the move-out inspection, since the law does not fix one in numbers. We explain what the student already knows about the subject in Kaution and Nebenkosten in Germany.
The rent: Mietspiegel and Mietpreisbremse
In a municipality designated as a tight market, the rent of a new lease may not exceed the local reference rent (ortsübliche Vergleichsmiete) by more than 10% (§ 556d BGB). Göttingen is listed in Lower Saxony's tenant protection ordinance, whose validity has been extended to 31 December 2029 (Lower Saxony Ministry of Economic Affairs). The reference rent is read from the city's Mietspiegel, published since 1 May 2023 and updated on 1 May 2025, with an online calculator (Stadt Göttingen).
Three points:
- The cap is assessed on the rent excluding utilities. A supplement for furniture (Möblierungszuschlag) is admitted but must remain justifiable; there is no statutory scale, and it does not allow the cap to be bypassed.
- Exceptions exist: a new build first let after 1 October 2014, comprehensive modernisation, a previous lease whose rent was already higher (§§ 556e and 556f BGB). They require you to inform the tenant before signing.
- The furnished room in your own home is not subject to the rent cap (§ 549 paragraph 2 BGB).
A compliant, transparent rent re-lets quickly every semester; a contested rent can be brought back down to the cap with repayment of the excess. For utilities, a flat rate (Pauschale) avoids the annual statement that must otherwise be sent within twelve months (§ 556 BGB), particularly welcome once the tenant has gone back abroad. If you are not the owner but sublet a room, the framework is described in subletting your room to a student in Germany.
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FAQ — Student lease in Germany
Can I sign a lease from 1 October to 31 March with a student? Only if you invoke in writing, at signing, one of the three reasons in § 575 BGB (own use, works, service accommodation). Otherwise the lease is deemed open-ended. The usual alternative is an open-ended lease with a mutual waiver of termination until 31 March.
How long can a Kündigungsverzicht last? In a standard-form contract, at most four years from the conclusion of the contract, and the waiver must be mutual; beyond that, the clause is void according to the Federal Court of Justice. A one-semester waiver poses no problem.
What notice must the student give to leave? Notice must be given by the third working day of a month at the latest, effective at the end of the month after next (§ 573c BGB). To leave at the end of March, they must therefore give notice by early January at the latest. Write that date into the contract.
What Kaution for a student? At most three months' rent excluding utilities, payable in three equal monthly instalments (§ 551 BGB). The sum must be kept separate from your own assets.
Does the rent cap apply to my room in Göttingen? Yes for a self-contained dwelling or a room in a dwelling you do not live in: the new lease's rent may not exceed the reference rent by more than 10%, with exceptions (§ 556d BGB). No for a furnished room in the home you occupy yourself (§ 549 BGB).
This article is for information and does not replace official sources or legal advice. Studroof is a passive listings platform, not an estate agency or a property manager. Tenancy law and rent-cap areas change: always check your situation on gesetze-im-internet.de and, for Göttingen, on goettingen.de. Last updated: September 2026.