Eviction for Non-Payment: Tenants in Germany

Tenants in Germany often face many questions when served with an eviction for non-payment: which deadlines apply, which evidence helps, and when can the landlord actually terminate? This article explains clearly which legal bases (BGB)^[1] are relevant, which official forms exist and how you as a tenant can act in practice. You will learn how to secure payment receipts and correspondence, when a warning is necessary and how the local court classifies disputes. I also describe step by step how to avert eviction, which deadlines must be observed and where to find official help. The aim is to give you clear options for action and useful links.

When can the landlord terminate due to arrears?

In principle, an immediate extraordinary termination may be possible if the tenant is significantly in arrears. The concrete circumstances, the amount of arrears and previous warnings are decisive. The legal basis for extraordinary terminations is set out in the BGB.^[1]

Important deadlines and steps

• Respond within the deadlines stated in the correspondence, often 14 days or shorter for reminders.
• Secure payment receipts, bank statements and correspondence with the landlord as evidence.
• Check whether a warning was issued or whether you should issue a warning before responding.
• Contact advisory services or legal counsel early if there are uncertainties.

Which evidence helps tenants?

• Payment receipts (transfer confirmations, bank statements) for the months in question.
• Correspondence with the landlord by e-mail or registered mail, including reminders.
• Proofs of reasons for late payment (e.g. unemployment, transfer problems).

Forms and templates

There is no uniform nationwide "termination form" requirement, but for court proceedings and dunning procedures there are official forms and guidance on the pages of the Federal Ministry of Justice and other justice portals.^[3] For court proceedings, the rules of the Code of Civil Procedure (ZPO) apply, e.g. for lawsuits or enforcement applications.^[2]

How to react in practice (quick guide)

• Collect all payment receipts and create a chronological overview of arrears.
• Respond in writing to reminders or terminations and request proof of the claim.
• Seek support from advisory services or a lawyer early, using legal aid where applicable.
• If an eviction suit is filed, the case is handled by the local court; prepare your documents accordingly.

Further options: installment agreements and deferral

In many cases it is possible to agree on installment payments or deferral with the landlord. Such agreements should always be recorded in writing and checked for feasibility. An amicable solution can prevent termination or eviction.

FAQ

Can a landlord immediately evict if I fall behind one month?

Not automatically. For a one-time, minor arrear a summary eviction is usually not justified; significant or repeated arrears can, however, justify termination.

What deadline do I have to respond to a reminder or termination?

Typical are short deadlines, often 14 days, for payments or statements. Check the exact deadline in the notice and act promptly.

Which proofs are most important?

Payment receipts (bank statements), correspondence with the landlord and, if applicable, proof of payment problems are central.

Who decides in a dispute about termination and eviction?

Disputes are usually heard by the competent local court; higher instances are the regional court and the Federal Court of Justice for precedent-setting questions.

How-To

1. Collect evidence: bank statements, transfer confirmations, emails and letters.
2. Write a brief, factual reply to the landlord and request exact details of the claim.
3. Contact advisory services or a lawyer and check legal aid or court fee assistance.
4. Prepare documents for the local court if an eviction suit is filed and respond to service papers on time.

Key Takeaways

• Observe all deadlines carefully and respond promptly.
• Secure complete payment and communication evidence as proof.
• Seek official help early to avoid eviction.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Bundesministerium der Justiz (BMJ) – Formulare and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesministerium der Justiz (BMJ) – bmj.de
4. [4] Bundesgerichtshof (BGH) – bundesgerichtshof.de