Eviction for Nonpayment – Tenants in Germany
As a student in Germany, an eviction for nonpayment can feel particularly threatening. This guide explains clearly and practically which deadlines, requirements and steps tenants must observe in 2025, how reminders should look and which forms are relevant. You will receive a checklist and templates, guidance on evidence, information about enforcement processes and tips on how to find help quickly. The language remains simple so that, even without legal expertise, it is understandable when landlords may legally terminate, what objection options exist and how to avoid or defend against an eviction. The goal is that students know their rights and can respond on time with concrete templates. The text also explains how to store important documents securely.
What to do for an eviction due to nonpayment?
If the landlord terminates due to unpaid rent, two things are particularly important: check deadlines and secure evidence. According to the rules of the Civil Code (BGB), obligations for landlords and rights for tenants arise, for example regarding warnings and payment deadlines[1]. Respond in writing and on time and check whether the termination is formally justified.
Important deadlines and first steps
- Check the payment deadline; often 14 days is a decisive grace period.
- Pay immediately if possible, with proof (transfer receipt, receipt).
- Request a written reminder or a documented agreement from the landlord.
- For an eviction lawsuit, procedural rules of the ZPO apply; check dates and orders carefully[2].
Forms, templates and samples
There is no nationwide mandatory "termination form", but standardized sample texts for reminders, objections and payment agreements are helpful. Use a written reminder with a concrete payment deadline and a note about possible termination. If you need to defend against a lawsuit, a counter-statement with payment records helps.
Further legal foundations can be found on official law pages, for example on rent and tenancy obligations in the BGB. Sections 535–580a BGB explain landlord and tenant obligations[1].
Authorities and judicial instances
In disputes, the local court (Amtsgericht) is usually competent; appeals go to the regional court (Landgericht) and fundamental legal questions to the Federal Court of Justice (BGH). Information on court procedures, eviction lawsuits and jurisdictions can be found in the respective procedural rules and on official court portals[3].
FAQ
- What can I do if the landlord evicts for nonpayment?
- Check the termination formally, pay outstanding amounts if possible quickly, or negotiate an installment plan. File a written objection and collect payment evidence.
- Which deadlines apply?
- Often a grace period of about 14 days applies; with longer arrears, a summary termination may be possible. Check all deadline information in the landlord's letter.
- What happens in an eviction lawsuit?
- The court schedules a hearing and decides. Important steps are submitting evidence, observing deadlines and seeking legal advice if necessary.
How-To
- Check deadlines: Read the termination carefully and note all dates given.
- Pay or prove payment: Pay outstanding amounts or present transfer receipts.
- Respond in writing: Send an objection or payment agreement by letter or email and document sending.
- Collect evidence: Secure bank statements, correspondence and other proofs.
- Seek help: Contact student advisory services or legal assistance.
- Follow procedure: Submit documents on time to the court and attend hearings.
Help and Support / Resources
- §§ 535–580a BGB — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Federal Court of Justice (BGH) — Decisions