Eviction for Payment Arrears: Tenant Rights in Germany

Many tenants in German cities face evictions for payment arrears, often after only a few missed monthly rents. As a tenant, it is important to know your rights under tenancy law, meet deadlines and secure proof of payments and communications. This guide explains clearly how landlord terminations occur, which formal errors commonly arise and how you can effectively contest or challenge the termination in Germany. The guide shows practical steps — from payment evidence and deadline setting to contacting the local court — so you can better protect your housing security and avoid wrong decisions. You will receive clear guidance on official forms, which authorities to contact and how to observe deadlines under the ZPO. Use the checklist in the article, document payments and respond promptly to reminders.

What the termination means

An ordinary or extraordinary termination for payment arrears is usually based on breaches of duty by the tenant under the Bürgerliches Gesetzbuch (BGB). Some terminations are attackable on formal or substantive grounds because the landlord did not correctly observe deadlines or grace periods ^[1]. Therefore always check: Were reminders documented, is the claim correctly calculated and was the termination delivered in writing?

Common formal errors and sources of mistakes

• Incomplete payment evidence (payment) — no receipts or bank statements available.
• Missing or incorrect termination form (form) — written formal requirements not met.
• Failure to meet deadlines (deadline) — reminder periods or legal deadlines were overlooked.
• Poor documentation of communications (evidence) — no emails, letters, or witnesses.

Formal errors and deadlines in detail

Under the Code of Civil Procedure (ZPO), landlords and tenants have certain deadlines in proceedings; inactivity can lead to loss of rights ^[2]. Pay special attention to deadlines for eviction, payment deadlines and the possibility to request protection from eviction within a short time.

• Deadline for repayment (deadline) — often a short period to settle the claim.
• Deadline to respond to the claim (form) — submit written objections in time.

How tenants can effectively challenge

To contest a termination, proceed systematically: organize payment evidence, check deadlines, demonstrate formal errors in the termination and, if necessary, file an objection in court. In many cases, a prompt repayment combined with a short written notice to the landlord helps avert the termination.

1. Gather payment records and bank statements (evidence).
2. Draft a short reply letter with evidence and send it by registered mail (form).
3. Check whether repayment is possible and document every payment (payment).
4. If eviction is threatened, contact the competent local court or request eviction protection (court).
5. Seek local advice or legal aid for legal questions (help).

FAQ

Can I file an objection to an extraordinary termination for payment arrears?

Yes. You can check for formal errors or inadequate grace periods and, if necessary, file an objection with the local court.

Which deadlines are particularly important?

Particularly important are repayment deadlines, deadlines to respond to claims and eviction deadlines after service.

Do I need a lawyer to contest successfully?

Not always, but in complex cases or if an eviction lawsuit is imminent, legal support is advisable.

How-To

1. Collect all relevant payment evidence and create a clear list (evidence).
2. Write a short reply with evidence and send it by registered mail (form).
3. Check if repayment is feasible and document each payment (payment).
4. If eviction is threatened, contact the competent local court or a counseling center (court).
5. Use local counseling centers or legal aid for assistance (help).

Key Takeaways

• Deadlines and documentation often decide the outcome.
• Formal errors by the landlord can render a termination invalid.
• Early repayment plus clear communication can prevent eviction.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de