Eviction after Rent Increase: Tenants in Germany

Many tenants in Germany are unsure what applies when they receive an eviction after a rent increase, especially if they commute or live in a shared flat. This guide explains in plain language which deadlines, forms and legal protections you have, how to review a termination and possibly object. I describe practical steps: collecting documents, calculating deadlines under the BGB, sample letters for objection or counter-notice and when a local court becomes relevant. The goal is that you, as a tenant, know your rights, gather appropriate evidence and know where to find official forms and help in Germany.

What does an eviction after a rent increase mean?

An eviction following a rent increase can have different reasons: the landlord considers the contract terminated due to the new terms or requests vacating. Legally, the provisions of the German Civil Code (BGB)^[1] and, where applicable, procedural rules of the ZPO apply. Crucial are service, form and deadlines.

First steps after receiving the termination

Act in a structured way: check the letter, note the time of service and collect all relevant evidence. As a commuter and shared-flat member, particular circumstances (working hours, joint tenancy agreements) may play a role.

• Collect the tenancy agreement, the last rent increase notice, payment receipts and photos of the apartment condition.
• Note deadlines for service and possible objection periods.
• Prepare a response or objection letter and send it with proof of delivery.

Forms and templates

There are official templates and sample letters for many steps that you can adapt to your case. Useful are sample termination letters, objection templates and proof-of-service forms. Official forms can be found at ministries or courts.^[3]

• Sample termination letter: example text for the response to the landlord including date and proof of service.
• Objection template: wording if you do not accept the termination and want to provide reasons.
• Proof of service and handover: checklist on how to document service or key handover.

Legal steps and courts

If the dispute goes to court, local courts (Amtsgerichte) are usually competent in Germany; eviction actions follow the rules of the Code of Civil Procedure (ZPO)^[2]. In complex cases the Federal Court of Justice (BGH)^[4] decides on fundamental questions at a later stage.

FAQ

Can I object to an eviction because of a rent increase?

Yes. Objection is possible if the termination has formal defects or the justification is insufficient; document your objections and deadlines.

Which deadlines are important?

Important ones are the service date, the period to respond and possible eviction deadlines; check the details in the letter and under BGB/provisions.

Who is responsible for tenancy disputes?

In first instance the local court (Amtsgericht); on appeal the regional court (Landgericht) and on revision the Federal Court of Justice.

How-To: How to respond

1. Collect all relevant documents and evidence in a chronological folder.
2. Calculate deadlines from the date of service and note appointments.
3. Send an objection or statement by registered mail with return receipt.
4. If necessary: file court papers with the competent local court.

Key takeaways

• Meet deadlines to preserve your rights.
• Thorough documentation improves your chances in disputes.
• The local court is often the first point of contact for rental disputes.

Help and Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice – Decisions

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Justice and Consumer Protection – Forms and information
4. [4] Federal Court of Justice (BGH) – Case law on tenancy law