Behavioral Termination: Evidence for Tenants in Germany

As a tenant in Germany, a behavioral termination can come as a sudden and stressful event. This guide helps you systematically collect evidence, understand deadlines, and organize documents so you can better defend your rights against a landlord in court or in negotiations. We explain in plain language which types of evidence (photos, messages, witnesses) are most important, how to secure rent payments and correspondence, and which legal bases in the BGB and ZPO are relevant. The following steps show practical measures, forms, and court contacts so you are prepared to act quickly and meet deadlines. Read the guidance carefully, use templates, and seek legal advice if the situation is complex.

What is a behavioral termination?

A behavioral termination by the landlord is based on tenant misconduct that makes continuation of the tenancy unreasonable. Typical reasons include significant disturbances, unauthorized subletting, or repeated nonpayment of rent. Legally, such terminations rely on provisions in the BGB and court interpretation by bodies like the BGH.

Key evidence to collect

Organize and secure evidence immediately after an incident. Pay attention to dates, times, and reliable witnesses.

• Photos and videos (evidence) saved with dates and descriptions.
• Written communication (notice) such as emails, SMS and letters kept and printed.
• Witness statements: record names, contact details and short written statements.
• Rent payments and bank statements (rent) retained to prove payment status.

How to document evidence correctly

Evidence should remain unaltered. Make backup copies (PDF/cloud) and note who saw the originals and when. For measurement issues (e.g., noise), keep a continuous log with exact times.

• Create a continuous log (record) with date, time and a brief description.
• Save original messages and make readable copies (form).
• For damage cases (repair), document defects with photos and inform the landlord in writing.

Deadlines and formal steps

Respond promptly to terminations: there are often short deadlines for objections, applications or contesting the termination. Check with your local court about deadlines and procedures.

• Note deadlines (deadline) and set calendar reminders.
• Submit required forms (form) for applications or responses on time.

Court procedure and jurisdiction

Usually the local Amtsgericht decides tenancy disputes — for higher values the Landgericht may be involved; on points of law the Bundesgerichtshof decides at the highest level. Before an eviction claim, payment orders or settlement attempts can be useful.

Practical local steps

Before filing a claim, consider alternative steps: file an objection, propose a settlement, or apply for legal advice assistance. Many local courts provide guidance and forms on procedure.

FAQ

Can I object to a behavioral termination?

Yes. You can object within the deadline stated in the letter or ask the local court to review whether the termination is justified.

Which evidence is strongest in court?

Concrete photos/videos with timestamps, credible witness statements, and documented communication are particularly persuasive.

Which court handles tenancy disputes?

Typically the local Amtsgericht handles tenancy matters; higher instances involve the Landgericht or the BGH for legal questions.

How-To

1. Collect all evidence (evidence) immediately and secure copies.
2. Write a formal response or objection (form) and send it by registered mail if appropriate.
3. Record all deadlines (deadline) and create calendar alerts.
4. Seek help and advice (help) from counseling centers or a lawyer if needed.
5. File documents with the local court or prepare for a hearing (court).
6. Keep copies of all submissions and court mail (approved) for your records.

Key points

• Documentation often matters more than a single incident.
• Act within set deadlines to avoid losing rights.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Decisions and information
• Justizportal of the Federal and State Courts – Courts and procedures

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Federal Court of Justice (BGH) – Decisions and information
3. [3] Justice Portal of the Federal and State Courts – Courts and procedures