Eviction for Rent Arrears: Tenant Help Germany
If the landlord serves a notice due to unpaid rent, many tenants in Germany feel pressured. This guide explains step by step in clear language how to check notices for rent arrears, observe deadlines and respond without a lawyer. You get a practical checklist, pointers to official legal texts and which documents to collect to contest a notice or buy time. The text lists important deadlines, explains when immediate termination is justified and how the local court (Amtsgericht) handles eviction suits. The aim is to show you manageable options — from repayment agreements to defending in court — so you as a tenant in Germany can make informed decisions.
What to do if you receive a notice for rent arrears
First check whether you received a formally correct written notice and which deadlines are specified. For immediate terminations for rent arrears, rules often refer to § 543 BGB; check the specific letter.[1] Document all payment receipts and correspondence with the landlord, this can be decisive.
- Deadline (deadline): check reminders and respond within the stated timeframe.
- Pay (rent): If possible, pay outstanding rent or immediately offer an installment plan.
- Documentation (document): Collect transfer receipts, emails and screenshots as evidence.
- Forms (form): Request a written notice and check whether the required information is complete.
- Contact (call): Seek dialogue with the landlord or get free advice from authorities.
Forms, laws and the local court
There is no single official template for a landlord notice; landlords draft notices themselves. Relevant legal provisions are in the German Civil Code (BGB), especially on tenancy and termination protection, and in the Code of Civil Procedure (ZPO) for court cases.[1][2] If the landlord pursues an eviction suit, the competent Amtsgericht (local court) is the first instance for many tenancy disputes.
Practical checklist for your defense
- Evidence (document): Organize all transfer receipts, bank statements and correspondence and make copies.
- Letter (form): Draft a short, factual reply to the landlord and send it by registered mail.
- Offer (rent): If possible, submit a written proposal for installment payments.
- Court (court): If a lawsuit is filed, submit a timely written defense at the local court.
Key points
- Act immediately on notices and observe all deadlines.
- Documentation improves your chances in a dispute.
- Seek early advice at the local court or a legal advice center.
FAQ
- Can the landlord immediately terminate if I fall behind on rent?
- Immediate termination is only possible under strict conditions; often a prior warning or a significant arrears amount is needed. Check § 543 BGB and collect evidence.[1]
- Do I have to move out immediately if the landlord serves notice?
- No, in many cases a notice period applies first or an eviction suit follows at the local court where you can defend yourself.[2]
- Are there official forms I can use as a tenant?
- There are no nationwide standardized tenancy forms for court replies; instead use a clear written response and attach evidence. See the ZPO legal texts for procedure information.[2]
How-To
- Check the deadline (deadline): Read the notice carefully and note all dates.
- Gather evidence (document): Collect transfer receipts, bank statements and correspondence.
- Make an offer (rent): Send the landlord a concrete repayment offer, for example installment payments.
- Respond in writing (form): Send your reply by registered mail and keep copies.
- Defend in court (court): If sued, file a timely written defense at the local court.
Help and Support / Resources
- Gesetze im Internet – BGB (German Civil Code)
- Gesetze im Internet – ZPO (Code of Civil Procedure)
- Federal Court of Justice (BGH)
