Landlord Termination: Tenant Rights in Germany
Many tenants in Germany suddenly face a landlord termination and wonder what rights, deadlines and protections exist. This text explains in plain language when a termination is valid, which form and deadline requirements apply, and which social protection rights tenants can assert. You will learn concrete steps: how to collect evidence, how to file objections or hardship applications, and when to involve the local court. The goal is to give you, as a tenant, practical options so you can act quickly and confidently and improve your chances of obtaining termination protection.
When is a landlord termination legally possible?
A landlord may only terminate if there is a legal reason, such as owner occupancy or economic exploitation. Terminations must be in writing and comply with statutory deadlines. The basis is the provisions of the German Civil Code (BGB) on termination and termination protection[1]. If the written form is missing or the reasoning is unclear, the termination is often challengeable.
Common landlord errors and how tenants should react
Check the termination carefully: date, signature, reason for termination and deadlines. Pay attention to rights of objection and the existence of hardship cases, for example due to illness or pregnancy.
- Check deadlines and the receipt of the termination within statutory timeframes.
- Verify the written form and whether the termination is sufficiently justified.
- Identify possible hardship reasons that justify staying in the apartment.
- Gather evidence: lease, correspondence, photos and witnesses.
Concrete steps: What you should do immediately
Act quickly and methodically: check, document, file timely objections and note deadlines. Do not hesitate to seek legal advice, especially if an eviction lawsuit is imminent.
- Collect all relevant documents related to the tenancy and the termination.
- Prepare a written objection in due time and, if applicable, justify the hardship case.
- Inform yourself about the competent local court for possible lawsuits or eviction proceedings.
What happens in court?
If the dispute is not resolved out of court, the local court decides on eviction lawsuits and termination protection. Civil procedure law (ZPO) governs processes and deadlines for filing lawsuits and collecting evidence[2]. In court, careful documentation and clear presentation of hardship or formal defects are decisive.
FAQ
- What can I do if the termination lacks a signature?
- A missing written form often renders the termination invalid; document the defect and consider an objection or legal review.
- What deadline do I have to file an objection?
- There is no uniform objection deadline in the BGB, but court appearance and justification deadlines must be met; act promptly.
- Who decides on hardship cases?
- The local court examines hardship cases within a termination protection proceeding; submit medical certificates or proof.
How-To
- Collect documents: lease, termination notice, payment records and photos.
- Draft a written objection and, if relevant, justify the hardship case.
- Contact the competent local court to inquire about deadlines and procedural steps.
- If necessary, file lawsuits at the local court or obtain legal representation.
Key Takeaways
- Terminations are often contestable on formal grounds and should be checked thoroughly.
- Act quickly on deadlines to improve the chances of obtaining protection.
