Avoid Mistakes in Eviction Notices for Tenants Germany

As a tenant in Germany, a summary (fristlose) termination due to issues with a graduated rent agreement can be especially stressful. Many make wording mistakes that lead to rejection or missed deadlines. This article plainly explains which common errors to avoid when justifying a summary termination, which evidence matters, and how to word your notice correctly. You will get concrete action steps, references to relevant laws such as the BGB, and examples of wording and official forms. The goal is that you, as a tenant, better understand your rights, meet deadlines, and present a factual, legally effective justification. Read the examples, keep all evidence, and seek legal help or tenant advice locally if unsure.

What is a summary termination?

A summary termination ends the tenancy without the regular notice period if there is an important reason. The legal requirements are set out in the provisions of the BGB.^[1] As a tenant, you must specify exactly which serious defect or landlord behavior justifies immediate termination.

Common mistakes and how to avoid them

• Missing evidence (evidence): Not attaching photos or payment records.
• Ignoring deadlines (deadline): Overlooking notice or cure periods.
• Misapplying graduated rent rules (form): Confusing a step rent with extraordinary termination.
• Emotional rather than factual wording (warning): Using threats or blanket accusations.
• Sending to the wrong address (serve): Failing to provide proof of delivery.

Which evidence should tenants collect?

• Photos and measurement logs (document): Document defects with images and measurements.
• Correspondence with the landlord (document): Emails, letters, and notices of neglect.
• Payment records and bank statements (document): Proofs of payments or calculations of reductions.
• Tenancy agreement and graduated rent clauses (form): Provide written step-rent agreements.

Example of a factual formulation

Write briefly and concretely: "I hereby declare the summary termination of the tenancy at the next possible date due to persistent, unremedied moisture damage and an unreasonable impairment of living quality. Prior defect reports dated [date] remained without sustainable remedy; attached are photos and correspondence as evidence." Such wording focuses on facts, shows evidence, and names the date of the defect report.

Note: For many disputes the local court (Amtsgericht) has jurisdiction; if eviction or a court decision becomes necessary, proceedings run through the civil courts.^[2]

FAQ

Can I terminate immediately because of a graduated rent?

Only if there is an important reason, such as a significant and persistent breach by the landlord; a plain rent adjustment by step rent is usually not grounds for termination.

Which deadlines do I have to observe?

There is no fixed notice period for summary termination, but you should act promptly; cure periods and repair deadlines can be relevant.

Where do I submit the documents?

Send the termination to the landlord with proof of delivery; court actions are filed at the competent local court (Amtsgericht).

How-To

1. Check deadlines (deadline): Immediately verify if cure or remedy periods apply.
2. Collect evidence (document): Gather photos, logs and correspondence.
3. Draft the wording (form): Compose a dated, factual justification with attachments.
4. Ensure delivery (serve): Send by registered mail or deliver with receipt confirmation.
5. Seek advice (call): Consult tenant advice centers or legal counsel if unsure.
6. Prepare court steps (court): If necessary, file claims or responses at the local court and include documents.^[3]

Help and Support

• BGB § 543 – Gesetze im Internet
• Justice Portal of the Federal Government and States
• Federal Court of Justice (BGH)

1. [1] BGB § 543 – Gesetze im Internet
2. [2] Court jurisdiction – Justice Portal of the Federal Government and States
3. [3] ZPO – Civil Procedure Code – Gesetze im Internet
4. [4] BGH decisions – Federal Court of Justice