Notice Deadlines for Tenants in Germany
Many tenants in Germany wonder which deadlines apply when a landlord issues a notice — especially in preservation areas where social protection rules apply. This article explains clearly which legal deadlines and reasons for termination are important, which official forms exist, and which steps tenants can take to protect their rights. You will receive practical advice on documentation, deadline calculation, and behavior when faced with a threat of eviction. We also name the competent courts and official forms so you know where to turn and which documents to prepare.
Termination reasons and deadlines
Fundamentally, the Civil Code (BGB) distinguishes between ordinary and extraordinary termination. Important deadlines and duties for landlords and tenants are found in the BGB.[1] In cases of owner occupancy or severe breaches of duty, different notice periods apply; in preservation areas municipal preservation law may also have an effect.
What tenants should check
- Check the stated notice period and the date of receipt.
- Request a written justification and compare it with your lease.
- Gather evidence: photos, payment receipts and correspondence.
- Note all contacts with the landlord and any witnesses.
Forms and templates
There are official templates or guidance for many steps, for example responses to notices or court applications. A template termination letter or response can be requested from the Federal Ministry of Justice.[5] Procedural rules for court actions are set out in the Code of Civil Procedure.[2]
Court proceedings
In disputes over termination or eviction, the local court (Amtsgericht) is usually competent in the first instance; higher instances are the regional court (Landgericht) and ultimately the Federal Court of Justice for fundamental legal questions.[3][4] Pay attention to deadlines under the Code of Civil Procedure and prepare complete documentation when filing a claim.
Practical steps for affected families
- Respond within the deadline: send a written reply with your objections.
- Provide evidence: payment records, photos, and correspondence.
- Clarify social support needs: consult local authorities about temporary assistance.
- If necessary, file a claim at the competent local court.
FAQ
- Can a landlord in a preservation area terminate more easily?
- No. Preservation rules may restrict certain changes or conversions but do not automatically change statutory notice periods under the BGB.[1]
- What notice periods apply for ordinary termination?
- Tenants usually have a three-month notice period; landlords face graduated periods depending on duration of tenancy. Details are set out in the BGB.[1]
- Which court should I approach for an eviction suit?
- The local court is generally competent in the first instance; appeals may go to the regional court and ultimately to the Federal Court of Justice.[3][4]
How-To
- Check the notice and note the date of receipt.
- Draft a written response stating your objections and send it by registered mail.
- Collect evidence: payments, photos, contracts, and witness statements.
- If necessary, file a claim at the competent local court and apply for interim relief.
Help and Support
- Local courts and court information (justiz.de)
- Federal Court of Justice (BGH) – Decisions
- Gesetze im Internet – BGB