Eviction after Rent Increase: Tenant Protection in Germany

If you are a tenant in Germany and receive a termination after a announced rent increase, it is usually stressful. This page explains in plain language which rights you have, which deadlines apply and which next steps make sense. You will learn how to collect evidence, which official forms may be used in court and when the local court is responsible. We name the most important laws, practical examples and give a short guide on how to respond formally to secure your position. The goal is that you act in a structured way, do not miss deadlines and find the appropriate official bodies and forms. If you receive urgent mail or a lawsuit, respond quickly and seek legal advice.

What to do if you receive a termination after a rent increase?

A termination after a rent increase requires calm and a systematic approach. First check the delivery, form and deadlines in the letter. Collect evidence of the rent increase and document the condition of the apartment. Reply in writing and request necessary proofs from the landlord. If eviction is threatened, seek legal help and check local court jurisdiction and possible reinstatement options.^[2]

• Immediately check the deadlines in the termination letter and the lease, especially delivery and notice periods.
• Document the rent increase, all letters, texts, emails and photos of the living conditions.
• Send a written reply to the landlord and request evidence for the increase.
• Seek early legal help from a tenant advisory service or a lawyer.
• If necessary, file a response to the claim or a protective letter at the competent local court.^[2]

Legal basis and deadlines

The most important statutory provisions are in the German Civil Code (BGB), especially on duties, termination and rent increases.^[1] For termination after a rent increase, form, delivery and justification are crucial. Check whether the rent increase was formally correct and whether any special termination rights apply.

Important forms and practical examples

Claim form (eviction or arrears claim): Used when the landlord demands eviction. Example: The landlord files an eviction claim at the local court; you submit a defense or objection and point to timely payments.^[2]

Written reply / objection: No nationwide standard form, but a simple written letter that sets deadlines and requests evidence. Example: You reply within 14 days and request the calculation of the increased rent.

How does an eviction procedure work?

An eviction procedure usually starts at the local court; a judge decides according to the rules of the Code of Civil Procedure (ZPO). It can lead to a judgment and, if necessary, to forced eviction. Higher instances such as the regional court or the Federal Court of Justice (BGH) can handle fundamental legal questions.^[3]

FAQ

Can the landlord terminate because they raised the rent?

Not automatically. A rent increase does not by itself justify immediate termination; check the justification and formal requirements.

What deadlines apply for a reply?

There is no uniform deadline except court filing deadlines; however, reply quickly, ideally within two weeks after receipt.

Who decides disputes?

The competent local court decides first; for legal questions regional courts and the Federal Court of Justice may set precedents.

How-To

1. Immediately check the termination date, delivery and possible deadlines in the lease.
2. Collect all evidence of the rent increase and communication with the landlord.
3. Draft a written reply with a deadline and request detailed calculations.
4. Seek legal advice from a tenant advice center or a lawyer.
5. If necessary, file a defense at the local court and apply for an extension of time.
6. Prepare for a possible eviction: secure belongings and consider moving options.

Help and Support

• German Civil Code (BGB)
• Information on local courts and procedures
• Federal Court of Justice – case law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Informationen zu Amtsgerichten und Formularen – justiz.de
3. [3] Bundesgerichtshof – Entscheidungen im Mietrecht – bundesgerichtshof.de