Checklist Behavioral Termination for Tenants in Germany

Older tenants often face special challenges when confronted with a behavioral termination. This guide explains in clear language which documents, deadlines and steps are important, how to collect evidence and which courts are responsible. You will receive practical advice on written communication with the landlord, statutory deadlines under German tenancy law and preparing for a possible procedure at the local court in Germany. The aim is for you to understand your rights as a tenant and be able to respond confidently without prior legal expertise.

What is a behavioral termination?

A behavioral termination is a landlord's termination of the tenancy if the tenant's behavior significantly disturbs or violates the purpose of the contract. Legal bases include the provisions of the Civil Code (BGB) on tenancy agreements^[1]. Immediate eviction is rare; usually warnings and deadlines must be observed before a legally effective termination occurs.

Checklist: Documentation for seniors

• Record the date and time of each disturbing incident precisely, including duration and frequency.
• Secure photos and videos as evidence; label descriptions and file names with the date.
• Name witnesses and keep contact details in writing.
• Keep payment receipts for rent and deposit, as well as utility bills.
• Collect all written communications, warnings and forms and make copies.
• Document repair reports and defect notifications, including landlord response times.
• Note deadlines: observe time limits in warnings and any statutory response periods.

How should I respond to a termination?

If you receive a termination, read the letter carefully and check for missing formal details. Respond in writing: request a concrete description of the incidents and, if applicable, ask for clarification. Mention that you are collecting evidence and set a deadline for clarification.

Which authorities and courts are responsible?

For tenancy disputes, the local court (Amtsgericht) is generally responsible in the first instance; appeals go to the regional court, and important precedents may be decided by the Federal Court of Justice (BGH)^[2]. In an eviction lawsuit the landlord files the action with the competent local court.

FAQ

Can a landlord terminate a tenancy of a senior because of single incidents?

Single incidents can be sufficient if they are serious; however, warnings and repeated misconduct are usually required.

Which deadlines must I observe?

Respond promptly to warnings. Formal deadlines for eviction or filing a claim vary by case; check written dates carefully.

Where can I get support?

Contact the competent local court for procedural questions and consider legal advice from official counseling centers.

How-To

1. Document incidents immediately with date, time and description.
2. Send a written inquiry to the landlord requesting concrete details.
3. Set deadlines for responses and note receipt and deadline dates.
4. If no agreement is possible, prepare a response or counterstatement for the local court.

Help and Support / Resources

• BGB text and tenancy rules
• Federal Court of Justice (BGH) decisions on tenancy law
• Justice portal: forms and procedural information

1. [1] Civil Code (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Federal Court of Justice (BGH) — bundesgerichtshof.de
3. [3] Justice portal: forms and procedural information — justiz.de