Tenant Tips: Avoid Summary Eviction with Step Rent Germany

If you, as a tenant in Germany, receive a summary (immediate) eviction, it can be stressful and confusing. Tenancy agreements with step rent (Staffelmiete) have special features: increases are contractually fixed, and mistakes by the landlord in their reasoning can make an eviction contestable. This guide explains which legal rules (e.g. on the right to immediate termination), which deadlines and which evidence are important, how to spot formal errors and which official forms and courts are relevant. The aim is to give you clear steps so you can meet deadlines, document defects and, if necessary, quickly involve the competent local court or seek legal advice.

When can the landlord give an immediate eviction?

An immediate eviction requires an important reason. German tenancy law is governed by the Civil Code (BGB), in particular §§ 535–580a, which set out the conditions for immediate termination in cases of serious breaches.^[1] Typical reasons include:

• Rent arrears (rent): repeated or significant arrears that create a breach of contract.
• Serious contract breach (violation): persistent disturbances of peaceful enjoyment or unauthorized subletting.
• Danger from neglect (repair): intentional damage or gross neglect of the apartment.
• Unauthorized intrusions into privacy (entry): repeated unannounced inspections or entering the apartment without consent.

Step rent — what is special?

In step-rent agreements, the rent increases at contractually fixed dates or by fixed amounts. For an immediate eviction it is important whether the landlord has correctly complied with those contractual specifications: unclear step clauses or incorrect timing can weaken the eviction's justification. Check your rental contract carefully and compare announced increases with the contractually agreed dates.

How tenants can prevent an immediate eviction

Act quickly, calmly and with documentation. The following measures help to fend off or legally contest an eviction:

• Immediate payment of outstanding amounts (rent) or proof of agreements with the landlord.
• Documenting evidence (evidence): keep payment receipts, photos of defects and written communication.
• Observe deadlines (time): respond within stated time limits, such as service dates or objection periods.
• Consider legal action (court): if no agreement is reached, have the immediate eviction legally reviewed or file an objection at the competent local court.
• Contact early (call): talk to the landlord, property management or a tenant advice center.

Forms and templates

There is no single federal "tenant termination form" for every situation, but some official forms are important:

• Payment order / dunning notice (form): used to formally assert outstanding claims; often relevant before an eviction lawsuit.
• Lawsuit form at the local court (court): form for filing an eviction or contesting a termination; the competent local court provides information.
• Sample termination reply (form): a template for tenants to respond or object; use templates only after legal review.

For detailed guidance on forms and court jurisdiction, consult the official justice portals and contact the competent local court early.^[3]

Frequently Asked Questions

Can I object to an immediate eviction?

Yes. Respond in writing, document your reasons and, if necessary, file a lawsuit at the competent local court. Quick action is crucial.

Do I have to move out immediately with step rent?

No. An immediate eviction must be legally justified; often a court decides on its validity.

Which courts are responsible?

Usually the local district court (Amtsgericht) for tenancy disputes; appeals go to the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).^[2]

How-To

1. Contact: inform the landlord in writing of your view and, if appropriate, offer an instalment plan.
2. Secure evidence: take photos, save messages and payment receipts, and record witnesses in writing.
3. Check deadlines: note awareness and response deadlines and meet them strictly.
4. Legal review: if no agreement is possible, consider filing suit at the local court and obtain legal advice first.

Help and Support / Resources

• gesetze-im-internet.de – BGB and tenancy law
• Federal Ministry of Justice – information and services
• Federal Court of Justice (BGH) – case law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Bundesgerichtshof — bundesgerichtshof.de
3. [3] German Justice Portal — justiz.de