Payment Arrears: Eviction Mistakes for Tenants in Germany

As a tenant in Germany, an eviction for payment arrears can quickly have existential consequences. Many families make avoidable mistakes: they respond too late, do not document payments, or underestimate deadlines and formal requirements. This article explains in plain language which common mistakes occur, which statutory deadlines and forms are relevant, and how you can practically proceed to avert an eviction or make your rights legally enforceable. We cover necessary evidence, official sample letters, the role of the local court and the steps following an eviction lawsuit. The aim is to give you concrete actions so you can strengthen your position as a tenant in Germany and avoid unnecessary disadvantages.

What is an eviction for payment arrears?

An eviction for payment arrears occurs when the tenant falls into arrears with rent payments and the landlord terminates the tenancy for that reason. The legal foundations are found in the Civil Code (BGB) and in civil procedure law, which determine deadlines and procedural steps.^[1][2]

Common mistakes and how families can avoid them

• Too late reaction: deadlines for payment and objection are missed.
• Missing payment evidence: receipts and transfer confirmations are absent or incomplete.
• Incorrect termination declaration: formal errors in service or missing justifications.
• Using wrong templates or missing sample letters for payment demands.
• Insufficient communication: neither written reminders nor inquiry emails are documented.
• Ignoring court deadlines after service of an eviction lawsuit.

Practically this means: pay outstanding amounts, send proof to the landlord and document every step. If you doubt the legality of the termination or deadlines threaten, check the legal basis and obtain help in time, because tenancy cases are usually tried at the local court.^[3]

Forms and templates: Which official documents help?

There is no unified "official" termination form for landlords, but there are official legal texts and templates for orientation. For tenants, the following documents are particularly important:

• Written payment demand (reminder) with deadline; recommended by registered mail with return receipt.
• Payment evidence: bank statements, receipts, payment confirmations.
• Sample response letter to the landlord to document your reaction.

Example: A family receives a termination and pays the overdue rent within the deadline. They send the payment confirmation by registered mail and keep copies in a file. This behavior can often prevent eviction or improve chances in court.^[1]

What to do if an eviction lawsuit is looming?

If an eviction lawsuit is served, a court procedure follows under the Civil Procedure Code (ZPO). Review the complaint carefully, collect all evidence and consider filing an objection or a statement of defense. In many cases the local court decides, with appeals going to regional courts or ultimately the Federal Court of Justice (BGH).^[2][4]

FAQ

When can the landlord terminate for payment arrears?

The landlord can terminate if the tenant is significantly in arrears with rent payments or fails to pay rent on two consecutive due dates, provided the legal requirements are met.^[1]

How much time do I have to settle arrears?

That depends on the deadline specified in reminders or the termination; act immediately and observe court deadlines after service of a lawsuit.^[2]

Which forms do I need as a tenant?

There is no single official tenant form, but use written payment confirmations, reminders and possibly a sample response letter; document all evidence.

How-To

1. Pay outstanding rent immediately or agree on a written installment plan with the landlord.
2. Secure payment evidence, bank statements and delivery confirmations and create a chronological file.
3. Send reminders or objections by registered mail with return receipt and keep copies.
4. Inform yourself at the local court about deadlines and procedure and review the complaint carefully.^[3]
5. Seek legal assistance if uncertain and submit documents to the court in time.

Help and Support

• Civil Code (BGB) — gesetze-im-internet.de
• Civil Procedure Code (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Local court (Amtsgericht) information — justiz.de
4. [4] Federal Court of Justice (BGH) — bundesgerichtshof.de