Eviction by Landlord: Tenant Rights in Germany

Termination by Landlord & Protection 2 min read · published September 07, 2025
As a tenant in Germany, you may face many questions when the landlord serves a termination: Which deadlines apply, when does termination protection kick in, and which reasons are legally permissible? This guide explains in plain language which duties landlords have, which rights you as a tenant can assert and how to respond to a termination. I outline typical reasons, necessary evidence and sensible first steps — from checking deadlines to collecting documents and seeking local legal advice. The information refers to current rules in the BGB[1] and the ZPO[2] and points to official forms and courts in Germany.

Understanding landlord termination

Landlords may only terminate a tenancy under specific conditions. Common types are ordinary termination for legitimate interest (e.g., personal use or economic reasons) and immediate termination for serious breaches. The legal basis is in the BGB, especially regarding deadlines and reasons.

In Germany, the BGB sets the key rules for terminating leases.

Main reasons for termination

  • Check deadlines: Notice periods depend on tenancy length and type of termination.
  • Personal use (Eigenbedarf): Landlords must specify who needs the apartment.
  • Unreasonableness: A termination is ineffective if it is socially unreasonable.
  • Immediate termination: Requires serious breaches like non-payment of rent.

It is important that landlords issue termination in writing with a verifiable justification; vague statements are often insufficient.

Keep all letters and receipts related to the termination safe and organized.

First steps as a tenant

If you receive a termination, first check the document for form and deadline as well as the stated reason. Note the delivery date, compare with your tenancy duration and assess whether the reason is plausible.

  • Deadline check: Determine the exact deadline and the date by which you must act.
  • Documentation: Photograph the termination notice and keep copies of all relevant documents.
  • Contact: Speak directly with the landlord if reasons are unclear.
  • Advice: Seek legal advice, for example from tenant counseling or a lawyer, in time.
Do not respond hastily to a termination without legal review.

Evidence and formalities

Evidence often decides outcomes in termination cases: correspondence, rent payments, witness statements or photos. If the termination alleges breaches, collect counter-evidence and precise dates. For formal actions like objections or filing a complaint, find official guidance and templates on judicial portals.[3]

A well-organized evidence file significantly improves your position in court.

FAQ

Can a landlord terminate without reason?
No. An ordinary termination under §573 BGB requires a justified reason; an immediate termination requires serious breaches of duty.
What deadlines apply for ordinary termination?
Notice periods depend on tenancy length and the BGB; check the letter carefully and count days from receipt.
Where can I turn if I want to object?
Objections or litigation matters are handled at the competent local court (Amtsgericht) or via local tenant counseling; deadlines for legal action are short.

How-To

  1. Check the deadline and document the delivery date.
  2. Collect and copy all relevant evidence.
  3. Seek legal advice and have the facts reviewed.
  4. If necessary, file a timely complaint at the local court.

Help and Support / Resources

  1. [1] Gesetze im Internet: BGB (Civil Code)
  2. [2] Gesetze im Internet: ZPO (Code of Civil Procedure)
  3. [3] Justice Portal: Forms and guidance for filing complaints

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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