Fight Termination for Conduct – Tenants Germany

Tenants in Germany often face time pressure and uncertainty when served with a termination for conduct. This article explains in clear language which reasons landlords may assert, which deadlines and evidence steps matter, and how you as a tenant can respond concretely. You will get pragmatic immediate actions, guidance on official forms and an overview of when to involve the local court. The aim is to provide understandable options so you can check terminations, prepare objections and, if necessary, take legal action without presupposing legal expertise.

What is a termination for conduct?

A termination for conduct occurs when the landlord claims the tenant's behavior makes the tenancy unreasonable. The relevant tenancy rules and termination provisions are in the BGB (notably §§ 535–580a).^[1] In serious cases, immediate termination may be possible; often a warning is required first.

When can the landlord terminate?

The landlord must state a concrete reason, for example repeated serious disturbances, repeated rent arrears, or gross breaches of duty. Decisions by the BGH clarify which incidents may be sufficient; vague accusations usually do not suffice.^[3]

First steps for tenants

Act quickly, document everything and check deadlines. Important steps include:

• Collect evidence: photos, messages, witnesses, payment records and logs.
• Observe deadlines: respond to the termination letter and prepare objections or statements promptly.
• Respond in writing: draft a short, factual reply describing your view.
• Seek advice: contact tenant advice services or a lawyer if uncertain.

Forms and deadlines

For court actions there are standardized forms available from the justice authorities; the Civil Procedure Code governs procedures and deadlines.^[2] There is no single mandatory template for every termination, but templates for responses and claims can help structure your documents.

What happens in court

If proceedings occur, the local Amtsgericht first decides tenancy disputes; appeals go to the Landgericht and ultimately the BGH. Proceedings may involve the landlord's eviction claim or the tenant's declaratory action. Present all evidence clearly and explain why the termination is unfounded or disproportionate.^[4]

FAQ

What deadline do I have to respond to a termination?

There is no single deadline for objections; however, respond in writing promptly and within any deadlines stated in the letter or statutory timeframes for court actions.

Can I involve the local court in any city?

Yes, tenancy disputes are usually heard at the locally competent Amtsgericht.

Are there official templates for responses or claims?

Justice portals provide guidance and forms; individual responses should be tailored to your case.

How-To

1. Collect all relevant evidence and create a chronological overview of incidents.
2. Draft a written reply to the termination and send it by registered mail if possible.
3. Obtain legal advice from tenant counseling services or a specialized lawyer.
4. Prepare for potential proceedings and file necessary documents with the local court.

Key Takeaways

• Early documentation can undermine a termination.
• Legal advice helps avoid procedural mistakes and preserves deadlines.
• Many disputes are resolved without eviction through negotiation.

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) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Information on courts and jurisdiction — justiz.de