Behavioral Termination: Protecting Tenants in Germany

As a tenant in Germany, a behavioral termination can come as a surprise. This guide explains how tenants can understand their rights, distinguish relevant conduct rules, and systematically collect evidence. We describe concrete steps for photographing incidents, keeping a written log, securely storing messages and obtaining witness statements. We also outline deadlines and formal requirements for a termination and how to use official sample forms. The goal is to document evidence so it is usable in court and in discussions with the landlord. Practical examples and information about responsible authorities complement the tips. Read the steps and FAQ below to become ready to act quickly.

What is a behavioral termination?

A behavioral termination occurs when a tenant repeatedly or seriously breaches obligations under the tenancy. Relevant provisions are found in the German Civil Code (BGB) §§ 535–580a.^[1] Often a warning is required before an effective termination; the exact check depends on the individual case.

Which pieces of evidence should tenants collect?

• Photos and videos of damage or disturbances (evidence)
• Record date and time for each incident (calendar)
• Save messages, emails and correspondence (form)
• Collect witness statements and written confirmations (evidence)

How to document: practice and deadlines

Documentation should be timely, dated and organized. Photograph defects from multiple angles, keep original files and make a short protocol with date and time. Use official sample forms, for example templates and information from the Federal Ministry of Justice when preparing formal letters.^[2]

FAQ

What is a behavioral termination?

A termination due to tenant misconduct, for example repeated noise disturbances or deliberate damage to the apartment.

Which pieces of evidence are effective in court?

Photos, dated logs, secured messages and written witness statements are considered persuasive.

How quickly must I act?

Check each termination immediately and collect evidence within a few days; special deadlines apply for legal action.

How-To

1. Secure photos and videos of incidents immediately (evidence).
2. Document date and time for each incident (calendar).
3. Copy and archive all messages, emails and documents (form).
4. Name witnesses and obtain written confirmations (evidence).
5. For ongoing termination threats, consider legal action or objection; if necessary file an eviction claim at the local court.^[3]

Help and Support

• BGB (Gesetze im Internet) – Tenancy law §§ 535–580a
• Federal Ministry of Justice (BMJ) – information and templates
• Federal Court of Justice (BGH) – rulings and guidance

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Bundesministerium der Justiz – templates and information
3. [3] Bundesgerichtshof – competence and case law