Tenants: Documenting Eviction for Nonpayment in Germany
As a tenant in Germany you are protected by tenancy law, but an eviction due to nonpayment can be particularly stressful for seniors. This guide explains in plain language how to systematically collect important documents and payment records, which deadlines under the BGB apply, which official forms to use and how to prepare files for court and the housing office. Read which pieces of evidence (receipts, bank statements, written correspondence) help, how to set a grace period or file an objection and when the local court is competent. At the end you will find concrete action steps, official forms and authority contacts so you can respond quickly, safely and informed. If in doubt, seek timely help from tenant advice services or the local court and keep all receipts in chronological order.
What to do with an eviction for nonpayment?
If the landlord terminates due to unpaid rent, structured documentation helps. Note payment dates, collect bank statements, receipts and correspondence with the landlord. Check whether reminders were properly delivered and whether deadlines were met. Legal bases are found in the BGB.[1]
- Collect bank statements and payment receipts as proof of payments made.
- Keep receipts for cash payments or transfer confirmations.
- Save all reminders, letters and emails as copies.
- Keep a short log of conversations with the landlord (date, topic, participants).
- Photograph personal documents and store digital copies securely.
Deadlines and legal basis
Pay attention to deadlines: there are tight timeframes for objections, payment offers or filing a response. The rules are based on the BGB provisions on tenancy and termination.[1]
- Respond within the stated deadlines to reminders or termination notices.
- If possible, set a written grace period for payment.
- Contact free tenant advice services or the local advice center early.
- If necessary, prepare documents for a possible lawsuit; the local court is usually responsible.[2]
Forms and templates
There is no single federal termination template, but official forms are useful for support and procedures. Examples:
- BGB §§ 535–580a – legal text and explanations (legal basis for tenancy law).[1]
- Information on local courts and jurisdictions (where tenancy matters are heard).[2]
- Application for legal advice / information on legal aid (forms and support for low-cost legal advice).[3]
Concrete steps to take
These steps help you act quickly and in an organized way. Keep all evidence ready and document deadlines.
- Check the termination for formal defects and note the date it was received.
- Send a short confirmation letter after payments or offer an instalment plan in writing.
- Call a tenant advice service and ask about free initial consultations.
- If necessary, prepare files for filing with the local court or appoint representation.
FAQ
- Can the landlord evict immediately if I am in arrears?
- No, the landlord must formally terminate and possibly file an eviction suit; legal deadlines apply and the local court rules on eviction.[2]
- Which pieces of evidence matter most?
- Bank statements, receipts, written correspondence with the landlord and a continuous log of conversations are crucial.
- Where can I find official forms for legal help?
- Forms and information about legal advice and court cost assistance are available on federal and justice portals.[3]
Anleitung
- Collect all payment proofs immediately and scan them.
- Set a written grace period for payment and document the dispatch.
- Contact a tenant advice service or the legal office of your local court for an initial consultation.
- If required, submit documents to the local court or appoint a representative.
Key takeaways
- Observe deadlines strictly to protect your rights.
- Keep all documents well organized and accessible.
Help and Support / Resources
- BGB §§ 535–580a – Gesetze im Internet
- Bundesjustizportal – court information
- Bundesministerium der Justiz – legal aid information
