Eviction Deadlines & Misuse for Tenants in Germany

What is misuse (Zweckentfremdung) and why deadlines matter?

As a tenant you should know that misuse means using the apartment differently than contractually agreed, for example for commercial use or subletting without permission. The legal basis can be found in the German Civil Code (BGB, especially §§ 535–580a)^[1], and deadlines are crucial because late reactions can cost you rights.

Notice periods for tenants

The main rules for termination by the landlord and for notice periods are set out in the BGB; special requirements apply for socially justified terminations.

• Three months statutory notice period for tenants.
• For landlord terminations the period can extend depending on the length of tenancy up to six months.
• Special termination rights exist for health hazards, modernization, or serious breaches of contract.

Forms and evidence

In practice, concrete forms and evidence are important. Use official templates and submit documents on time.

• Sample termination letter — When: On receipt of a termination; Example: The Müller family sends a signed objection letter by registered mail.
• Eviction claim template (state justice portal) — When: If the landlord proceeds legally; Example: Collect payment receipts and defect records for your defense.
• Application for legal advice aid / legal aid — When: If you need financial support for legal advice or court; Example: File the application at court.

Jurisdiction and procedure

Rental disputes are usually heard in the first instance at the local court (Amtsgericht), which handles eviction claims and rent reduction cases^[2]. Precedents are often determined by the Federal Court of Justice (BGH)^[3].

FAQ

What deadline do I have to respond to a termination?

Check the termination letter immediately; as a tenant the statutory notice period is usually three months, while landlord terminations can have longer deadlines.

What counts as misuse?

Unauthorized subletting or commercial use without the landlord's permission can be considered misuse and justify termination.

Where do I turn if there is an eviction claim?

Contact the competent local court (Amtsgericht) and consider legal advice aid or legal aid to obtain legal support.

How-To

1. Check every deadline in the termination letter immediately and note the date.
2. Collect evidence: rental contracts, photos of defects, payment receipts and correspondence.
3. Send a formal response or objection by registered mail and set a deadline for a counterstatement.
4. Seek legal advice and consider options such as legal advice aid or legal aid.

Key takeaways

• Meeting deadlines is crucial to securing your rights.
• Detailed documentation improves your chances in a dispute.
• Legal protection and advice can reduce financial risks.

Help and Support / Resources

• Legal texts (BGB §§535–580a)
• Federal Court of Justice (BGH) – decisions
• Federal Ministry of Justice – forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Informationen zu Gerichten und Zuständigkeiten – Bundesministerium der Justiz
3. [3] Entscheidungen des Bundesgerichtshofs (BGH)