Eviction for Non-Payment: Tenant Checklist Germany

As a tenant in Germany, an eviction for non-payment can suddenly threaten your housing situation. This checklist explains clearly and practically which deadlines to watch, which official forms exist and how to collect evidence to protect your rights. You will learn when a warning notice is sufficient, what deadline for repayment applies and how an eviction lawsuit at the local court proceeds. I also show which authorities and courts are responsible and when you should seek legal help. Concrete letter templates, examples of repayment deadlines and notes on official sample letters complete the guide so you can act quickly.

What to do about an eviction for non-payment?

If the landlord evicts due to unpaid rent, quick and structured action matters most. Check the termination in writing, compare outstanding amounts with your payment records and document deadlines.

Immediate steps

• Check the termination and any warning notices for formal errors.
• Compare bank statements and receipts with the landlord's claims.
• Note deadlines for repayment or responses and mark important dates.
• Collect evidence: payment receipts, correspondence, photos and witness contacts.
• Contact the landlord in writing to clarify and document the conversation.

Legal basics

Key rules are in the German Civil Code (BGB, e.g., §§ 535–580a); § 543 BGB is especially relevant for extraordinary terminations^[1]. Knowing statutory deadlines helps avoid formal mistakes.

Official forms and templates

There is no single nationwide eviction template, but the Federal Ministry of Justice provides guidance and sample letters; use these templates to avoid formal errors.^[2] Example: a sample termination letter shows which details (date, address, deadline) are required. Use a template as a basis and adapt amounts and dates to your case.

Legal advice and court procedure

If the matter escalates, an eviction lawsuit is usually heard at the local court (Amtsgericht). Procedural rules for civil actions are in the ZPO; check procedures and deadlines at the local court or on official statute pages.^[3]

• Before the apartment is vacated, a court proceeding is generally required.
• Pay attention to court summons deadlines and hearing dates.
• Check possible defenses: payment plan, hardship, objection to the claim.

What is in the termination letter and how to respond?

A correct termination letter should include date, address, reason and deadlines. Respond in writing, offer prompt repayment if the claim is justified or propose an installment plan. Send replies by registered mail or other verifiable delivery.

Sample response to the landlord

• Reply factually, attach proof of payments and documentation.
• Offer a repayment deadline or installment plan and suggest a specific schedule.

FAQ

Can the landlord evict immediately?

Usually not without a prior warning or an important reason; in cases of significant non-payment, an immediate termination may be possible.

Do I have to move out immediately after receiving a termination?

No. You remain a tenant until a final eviction order; respond in writing and review legal options.

Which courts are responsible?

Rental disputes are first heard at the local court (Amtsgericht); appeals can go to the regional court (Landgericht).

How-To

1. Check termination and warning notice for completeness.
2. Gather payment receipts and prepare a summary of outstanding amounts.
3. Send a written response to the landlord with evidence or a repayment offer.
4. If necessary, prepare for court and seek legal advice.

Help and Support / Resources

• Civil Code - BGB §§ 535–580a (gesetze-im-internet.de)
• Federal Ministry of Justice (bmj.de)
• ZPO - Civil Procedure Code (gesetze-im-internet.de)

1. [1] § 543 BGB - Termination for good cause (gesetze-im-internet.de)
2. [2] Guidance and templates from the Federal Ministry of Justice (bmj.de)
3. [3] ZPO - Civil Procedure Code (gesetze-im-internet.de)