Eviction for Late Rent: Tenant Rights in Germany

Many students face pressure when a landlord issues an eviction for unpaid rent. In Germany there are clear rules on deadlines, the formal requirements of a termination notice and the defense options tenants have. This guide explains in plain language how to collect evidence, which official forms and statutes are relevant, and how to act within deadlines to avoid eviction. We provide practical steps, examples of proof and pointers to courts and forms so you stay informed and able to act.

What to do if you receive an eviction for late rent?

Act quickly: Check the termination letter for date, reference to rent and the set deadline. Often a proper warning or specific payment demand is missing.

• Pay outstanding amounts or a partial payment if possible and keep receipts (rent).
• Collect evidence: bank statements, transfer receipts, emails with payment agreements and photos of certificates.
• Request written confirmation of payment and keep copies of all agreements.

Important legal foundations

The legal rules for tenancy are in the German Civil Code (BGB), especially regarding duties and termination.^[1] Rules for lawsuits and eviction actions are in the Civil Procedure Code (ZPO).^[2]

Forms and templates

Use official templates for objections or statements, for example guidance and templates from the Federal Ministry of Justice for correspondence with courts and authorities.^[3]

Typical defense strategies

• Evidence gathering: submit bank statements and payment proofs that document payments or agreed arrangements.
• Written response: reply within the deadline with a brief factual statement and attach copies of your evidence.
• Check legal protection: seek legal assistance or advice from the student union or a legal advice center.

FAQ

Can the landlord immediately evict me if I miss one month of rent?

Generally, a termination (extraordinary or ordinary) may be possible if certain conditions are met, but many terminations are defective or premature. Check the letter carefully and act quickly.

Which proofs are most helpful to contest an eviction for late rent?

Bank records, receipts, written payment agreements, emails and witnesses are central proofs that can show payment intent or accounting errors.

Which court handles an eviction dispute?

Rental disputes are typically handled in the first instance by the competent local court (Amtsgericht); higher instances include the regional court and, if applicable, the Federal Court of Justice.

How-To

1. Read the termination immediately and note the delivery date.
2. If possible, pay outstanding amounts and document the payment.
3. Collect all proofs and create a chronological file.
4. Send a written statement to the landlord and keep proof of delivery.
5. If an eviction lawsuit is imminent, obtain legal advice immediately and observe deadlines.

Key Takeaways

• Acting quickly and documenting clearly improves your defense chances.
• Bank statements and written agreements are often decisive.
• Use official forms and contact the competent local court.

Help and Support

• Gesetze im Internet: BGB (Tenancy law) [1]
• Gesetze im Internet: ZPO [2]
• Federal Ministry of Justice (forms & guidance) [3]

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Federal Ministry of Justice - Forms and Information