Illegal Use & Eviction for Tenants in Germany

Tenants in Germany sometimes face the question whether an eviction for illegal use is lawful and which deadlines apply. This guide explains clearly how tenants keep deadlines, which evidence is useful and how to correctly use standard eviction or objection templates. We describe which offices and authorities are responsible, how the local court can be involved and which BGB provisions are relevant.^[1] Practical steps show how to react within short deadlines, which forms are important and when legal advice is sensible. At the end you will find sample texts and notes on securing evidence.

What is illegal use?

Illegal use occurs when the apartment no longer serves the contractually agreed purpose, for example permanent commercial use instead of residential use or unauthorized subletting. For tenants this means: check whether the use actually breaches the rental contract and whether the landlord can prove this.

Termination and formal steps

Landlords can in certain cases terminate ordinarily or extraordinarily; the provisions of tenancy law in the BGB provide the legal basis. For tenants: stay calm, note deadlines and follow formal steps.

• Observe deadlines: check the termination period and respond in writing (deadline).
• Use templates: adapt a termination-template and send by registered mail (form).
• Secure evidence: collect photos, witnesses and documents and log them (evidence).
• Court action: if there is an eviction suit, have documents ready for the local court (court).

Deadlines and forms

For terminations, the deadlines from the BGB must be observed and procedural rules from the ZPO apply if a lawsuit is filed.^[2] For tenants two types of forms are particularly relevant: templates for objections/response letters and, if necessary, applications for legal aid.

• Act quickly: submit an objection or statement within the stated deadlines (deadline).
• Forms: for example termination-template and guidance on how to apply for assistance (form).
• Evidence preservation: keep a log of defects and collect proof of payments (evidence).

A concrete example is the "termination-template": if the landlord claims improper use, send a formal reply with your view, attach evidence and, if necessary, request a precise deadline. Official ministry pages provide form guidance.^[3]

Key Takeaways

• Observe deadlines and respond promptly in writing (deadline).
• Collect and secure evidence systematically (evidence).
• Use template texts but adapt them to your situation (form).

FAQ

Can a landlord terminate immediately because of illegal use?

Immediate termination is only possible for serious contractual breaches; typically a prior warning is necessary.

Which deadlines must I as a tenant observe?

You must observe the deadlines named in the letter and respond in writing or file an objection within that period.

Where do I file an eviction suit?

Eviction suits and tenancy disputes are generally filed at the competent local court (Amtsgericht).

How-To

1. Read the termination letter carefully and note all deadlines (deadline).
2. Collect evidence: document photos, messages and witness statements (evidence).
3. Use a template: adapt an objection or termination template and send it correctly (form).
4. Prepare documents for the local court and consider applying for legal aid (court).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice and Consumer Protection (forms & guidance) — bmjv.de