Payment-Default Eviction for Tenants in Germany
Many tenants in Germany occasionally receive reminders or even a termination due to payment default. In this text we explain in plain language which statutory deadlines and rights apply, which official forms are commonly needed and how to respond within deadlines. The aim is to give you clear steps — from immediately checking your account balance to documenting payments and contacting the landlord or local court. We name the relevant provisions in the BGB and the procedural rules of the ZPO and point to official bodies so you know where to file documents and which deadlines matter. Especially for older tenants, we explain how social authorities and advisory services can help and what aid is possible for urgent payment problems.
What does a payment-default termination mean?
An extraordinary termination due to payment default is usually based on §543 BGB[1]. That means: if rent remains unpaid for a certain period or is repeatedly missed, the landlord can terminate. For a valid termination the form and deadlines are important; often a prior warning is necessary.
Which deadlines and steps apply?
Check payment requests immediately and prepare complete documentation. Court proceedings follow the rules of the ZPO[2], and the local court (Amtsgericht) is usually responsible.
- Check deadlines (deadline): respond within the stated time.
- Pay outstanding rent or provide proof of payment (payment).
- Check written termination and required forms (form).
- Collect evidence: bank statements, transfer confirmations, correspondence (evidence).
- Contact the local court if a lawsuit is threatened (court).
Which official forms and templates are important?
Typical documents include the landlord's written termination, reminders, and the complaint form for an eviction suit at the local court. If you send a response or a payment plan, always use written proof and state concrete payment dates.
Practical action steps
- Check your account immediately and note the payment date (deadline).
- Create copies of receipts and secure backups (payment).
- Contact the landlord and propose a payment installment plan (call).
- Request official forms from the local court if a suit is announced (form).
FAQ
- Can the landlord terminate immediately?
- Not always; an extraordinary termination for payment default is possible if the legal requirements of §543 BGB are met or a significant amount of arrears exists.[1]
- What deadline do I have to respond?
- That depends on the letter; however, respond immediately because court consequences are governed by the ZPO.[2]
- Who decides on eviction suits?
- The local court decides in the first instance; in higher instances the regional court and ultimately the BGH are responsible.[3]
- Is there support for seniors?
- Yes, social services and advisory agencies provide help with payment problems and can arrange support or debt counselling if needed.
How-To
- Check the letter and note the deadline (deadline).
- Collect proof of payments and bank statements (evidence).
- Contact the landlord in writing and propose a solution (call).
- Ask the local court for required forms if a suit is announced (form).
- File a timely response or objection and prepare for a possible hearing (court).
Key Takeaways
- Act quickly and keep deadlines in mind.
- Documentation and evidence are crucial.
- Seek help from advisory services early.
