Avoid Immediate Eviction: Tenants in Germany
As a tenant or student in Germany, the prospect of an immediate eviction can be deeply unsettling. This guide explains clearly which reasons justify an immediate eviction, which steps students should take right away, and how to avoid common mistakes. You will receive practical advice on collecting evidence, communicating with the landlord, and meeting deadlines. I also explain which statutory rules in the BGB apply and which courts are responsible for rental disputes. The goal is to strengthen tenant rights, minimise risks and present realistic actions so affected people in Germany can respond with legal certainty and avoid unnecessary eviction lawsuits. In case of an acute eviction, seek legal advice quickly and act purposefully.
What is an immediate eviction?
An immediate eviction terminates the tenancy without complying with the normal notice period. It is only permissible if there is an important reason that makes continuation of the tenancy unreasonable for the terminating party. A typical legal basis is § 543 BGB[1]. Judges examine closely whether the conditions are met and whether a warning (Abmahnung) was required beforehand.
In many cases a warning is required beforehand.
Common reasons that justify an immediate eviction
- Non-payment of rent (rent) — persistent or repeated arrears.
- Serious defects or health hazards (repair, mold) — e.g., severe mold infestation that endangers health.
- Illegal use (illegal) — commercial use or drug dealing in the apartment.
- Serious contractual breaches (evidence) — systematic disturbance of the community or repeated violations despite warning.
Good documentation of damage and communication increases the chances of success in disputes.
What students should do immediately
If you as a student receive an immediate eviction or one is being considered, act calmly and systematically. Document date, time and concrete incidents, secure photos and messages and name witnesses. Inform yourself about your rights under the BGB and check whether a warning existed or could have been given. Consider early legal advice or tenant counselling.
Keep all emails, chats and photos organised and safe.
Common mistakes tenants should avoid
- No evidence secured (warning) — missing documentation weakens your position.
- Ignoring deadlines (notice) — respond within set deadlines in writing.
- Only verbal communication (contact) — use written proof.
Respond to legal notices within deadlines to avoid losing rights.
Frequently Asked Questions
- Can a landlord evict without a warning?
- Only in exceptional cases; usually a warning or persistent serious contractual behaviour is required that makes continuation unreasonable.
- What to do with rent arrears and eviction?
- Pay outstanding rent as soon as possible or arrange instalments; document payments and seek legal advice to prevent eviction.
- Who decides rental law disputes?
- District courts (Amtsgerichte) are usually competent in the first instance; higher instances are regional courts and the Federal Court of Justice[3].
How-To
- Collect evidence: photos, emails, chats, witness statements.
- Respond in writing to the eviction and request the reasons.
- Observe deadlines: check time limits for objection or eviction and act within them.
- Seek legal advice from a counselling centre or a tenancy lawyer.
- Report defects in writing and request repair, possibly with notice of rent reduction.
- Consider alternatives like a replacement tenant or termination agreement before eviction.
Early communication with the landlord can prevent escalation.
Help & Support
- §543 BGB — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Justizportal — Courts in Germany
- Federal Court of Justice (BGH) — Decisions
