Eviction for Non-Payment: Tenant Rights Germany

If a landlord serves a termination for non-payment, tenants in Germany often face heavy pressure and need clear, accessible information. This guide explains which legal conditions must be met for ordinary or extraordinary termination, which deadlines apply for reminders and back payments, and how you as a tenant should respond. You will find practical template letters for contesting a termination and for payment statements, tips for preserving evidence and concrete steps for objecting or preparing for proceedings at the local court. Language remains simple and practical so you can protect your rights, meet deadlines and decide whether legal assistance is appropriate. You will also read how to request a payment plan, what role the security deposit and service charge accounting play and which forms or applications are relevant at courts or authorities.

What counts as non-payment?

Non-payment means the due rent did not arrive at the agreed time; legally relevant are the amount of arrears and prior reminders under the rules of the Civil Code (BGB).^[1]

When is a termination effective?

Landlords can terminate under certain conditions; prior reminders, the total amount owed and repetitions are relevant. Often the law requires clear payment demands or setting a grace period under the BGB.^[1]

• Check the amount of arrears, including service charges and adjustments.
• Send a written reminder and set a deadline for payment, documenting everything.
• Collect receipts, bank statements and all communications as evidence.

What tenants should do immediately

If you receive a termination letter, first check the deadline and reason, respond within the stated time with a payment or formal objection, and seek advice from tenant associations or legal counsel. For upcoming court dates the rules of the civil procedure code apply.^[2]

• Act within the deadline; missing it can cost you rights.
• Consider partial payment or negotiating a payment plan.
• Contact advisory services or legal support early.

Templates and official forms

There is no single nationwide mandatory termination form, but important official forms include applications for legal aid (PKH) and counseling assistance forms available at courts and justice portals. Use template letters for payment statements and objections, adapt them to your case and reference supporting documents.

Evidence preservation and court action

Collect transfer receipts, bank statements, e-mails and witness statements; if an eviction suit is filed, timely submit a statement to the local court. Appeals and fundamental questions may be decided at higher courts such as the Federal Court of Justice.^[3]

• Organize evidence chronologically and make copies.
• Clarify case procedures with the responsible local court.
• If homelessness is imminent, contact social services immediately.

FAQ

Can a landlord immediately terminate if rent is late once?

Generally a single minor delay is not sufficient for immediate termination; amount, repetition and lack of reminder matter.^[1]

Do I have to vacate immediately after a termination is served?

No, usually court proceedings (eviction suit) follow first and you have the chance to respond; deadlines and procedures are governed by the Civil Procedure Code.

Which bodies help tenants with termination for non-payment?

Tenant associations, local courts and, for legal questions, the Federal Court of Justice are contact points; social authorities also provide housing support.

How-To

1. Read the termination letter carefully and note any deadlines.
2. Respond within the deadline with payment or a reasoned payment declaration.
3. Gather evidence: transfers, bank statements and correspondence.
4. Contact advisory services, tenant association or a lawyer to review next steps.
5. Prepare for possible proceedings at the local court and check eligibility for legal aid.

Key Takeaways

• Documentation and quick action protect your tenant rights.
• Sometimes repayment prevents eviction and secures your stay.
• Seek official advice from tenant associations early.

Help and Support

• Gesetze im Internet – BGB
• Gesetze im Internet – ZPO
• Federal Court of Justice (BGH)

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1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Court decisions and information