Does the postmark count if you cancel?

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For example, if you If you want to terminate a rental agreement or your employment contract, you should always make sure that the notice of termination is received on time. In this case, it is not the postmark that counts, as is the case with a competition, for example, but the actual receipt by the recipient.

Never forget your handwritten signature when you cancel
Never forget your handwritten signature when you cancel

Postmark does not count as a date of receipt

So that a termination has been lawfully done, it must have arrived formally correctly and on time.

  • Deadline means that you have submitted the notice of termination to the respective contractual partner within the relevant period. For example, you can submit a notice of termination for the rental agreement by the end of the month, which then usually ends after three months. At a employment contract would this be either the 15th or the last day of the month.
  • Timely access means that the document has come under the control of the recipient and it can normally be assumed that the recipient can take note of it.
  • The easiest way to check this is to hand the letter of termination into the hand of the recipient (ideally under witnesses). with the signature of a copy).
  • As a rule, however, you will send the notice of termination by post. This counts as access if the letter is thrown in the recipient's mailbox or this was sent directly by registered mail, i.e. not the time of the postmark.
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  • Since it is often not possible to determine when the postman threw the letter in the mailbox, you should use the registered mail procedure to be on the safe side. As a rule, one can assume that the letter was received no later than three days after the date on the postmark, but this cannot be proven.

Other important formalities when terminating

In addition to timely access, as mentioned above, you must also observe formal guidelines for the termination to be effective.

  • In any case, you must provide the name and address of the recipient or of the contractual partner - as well as your name and address, of course.
  • In addition, it must be clear from the letter that you want to quit something. So you should write exactly which contract should be canceled and when. A reason for the termination does not count in most cases, but is usually only necessary in the case of extraordinary termination due to, for example, important for a breach of contract.
  • If you do not know the earliest time for the end of the contract, you can also use the phrase "as soon as possible". It is also best to write as a final sentence that the contract partner should confirm the termination at the time the contract ends, so that you have this in writing.
  • Finally, you must not forget to handwrite your cancellation so that the document is also legally binding.

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