Eviction for Nonpayment: Tenants in Germany
If tenants in Germany receive a termination due to nonpayment, systematic documentation is crucial — especially for seniors. This article explains in plain terms which records help: rent payments, reminder letters, medical certificates and communication with the landlord. It describes practical steps to secure records, deadlines for responding to letters and when legal help is advisable. The information cites relevant laws such as the BGB and shows how to prepare files for proceedings at the local court. The aim is to calmly and clearly show older tenants how to protect their rights, collect evidence and respond formally if necessary. Practical sample texts and deadline tips help with quick action and discussions with authorities.
Immediate steps
Act promptly but in an orderly way: note deadlines, secure payment receipts and inform a trusted person or advisory service if needed.
- Contact the landlord and request a payment plan.
- Secure payment receipts and bank statements immediately.
- Record deadlines from the termination letter and set calendar reminders.
- If unsure, contact a free tenant advice center or legal aid.
Which records to collect?
Collect everything that documents payment and communication: transfers, bank statements, reminders, emails, text messages and medical certificates if illness caused delay.
- Rent payments: transfers, receipts and bank statements.
- Correspondence: reminders, termination notices, emails and SMS as evidence.
- Forms and certificates: medical notes, official notices.
- Witnesses: names and contact details of people involved in communications.
Forms and legal basis
Important legal bases are in the Civil Code (BGB) and the Code of Civil Procedure (ZPO)[1][2]. Relevant procedure steps go through the local court; for appeals the regional court or the Federal Court of Justice may decide.
Important forms and procedures that can apply depending on the case include:
- Payment order / collection procedure (Mahnverfahren).
- Lawsuit for payment or eviction at the local court.
- Enforcement documents after a judgment.
Objections, deadlines and response
Respond within deadlines; often there are 14 days or four weeks to react depending on the letter. Use deadlines to gather evidence and, if appropriate, provide proof of payment. In many cases an application for deferment or an agreed payment plan can help.
If it goes to court
Prepare a file with chronological documentation: date, time, contents of conversations, records and witness statements. Submit copies (not originals) to the local court and note the receipt of documents.
FAQ
- Can my landlord terminate immediately if I fall behind on rent?
- An immediate or regular termination is possible if conditions under the BGB are met; the procedure depends on the amount and duration of arrears.
- What deadlines must I observe with a termination?
- Watch the deadline stated in the letter; typically you should respond within a few weeks and provide evidence or file an objection.
- What documents are important for the local court?
- Files with payment evidence, reminder letters, medical certificates, communication logs and witness information are central.
How-To
- Note deadlines: read the termination letter carefully and record all deadlines.
- Secure payment evidence: keep transfer receipts and bank statements for recent months.
- Secure communication: save emails and photograph paper mail with visible dates.
- Seek advice: contact a local tenant advisory service or legal aid for seniors.
- Prepare court file: assemble copies and submit them to the local court.
