Prevent Eviction for Rent Arrears - Tenants in Germany

As a tenant in Germany, an eviction for rent arrears can be particularly stressful for families. Many cases can be avoided if tenants act early, document payments and reminders precisely, and seek official help or advice in time. This guide explains in plain language the typical mistakes in payment arrears, which deadlines to watch, and which forms are important, for example the application for legal aid (Prozesskostenhilfe, PKH). I also describe practical steps for evidence preservation, such as collecting payment receipts, structuring correspondence, and, if necessary, filing an objection at the local court. The goal is that families know their rights and can prevent or effectively challenge evictions for rent arrears in Germany.

What tenants should keep in mind

The Civil Code (BGB) regulates the tenancy relationship and termination reasons in §§ 535–580a; with payment arrears, § 543 is particularly relevant.^[1] For many tenants it is important: document early, meet deadlines, prove reminders, and seek legal advice if uncertain. Court proceedings often start with a possession or payment claim at the local court, so communication with the landlord and evidence preservation are crucial.

• Collect payments and bank statements and file them chronologically.
• Secure receipts for transferred amounts, receipts, and delivery confirmations.
• Keep letters of demand, warnings and termination notices.
• Document deadlines and mark appointments in your calendar.

Common mistakes families can avoid

• Not paying but not documenting why payments were missed.
• Ignoring correspondence or failing to respond to reminders.
• Letting legal deadlines expire, for example for payments or filing claims.
• Not responding to official court mail.

Forms, deadlines and judicial authorities

Important forms include, for example, the application for legal aid (Prozesskostenhilfe - PKH) for court proceedings. The PKH application helps when court and attorney costs need to be covered by the state.^[2] In tenancy law, the competent courts are the local court for the first instance and possibly the regional court or the Federal Court of Justice for appeals or fundamental decisions.^[3] If you plan formal steps, note deadlines from reminders and terminations immediately and forward copies to advisory services or your lawyer.

Practical steps for documentation

Concrete documentation helps: list payment dates, save screenshots of transfer confirmations and create a simple chronology of correspondence with the landlord. Send reminders or objections by registered mail or by email with read receipts if possible and note the dispatch date.

• Create a chronological list of all payments and reminders.
• Use registered mail or verifiable delivery methods for important letters.
• Seek early advice from tenant counselling or a lawyer if uncertain.

FAQ

Can the landlord terminate immediately if I am one month behind on rent?

Not automatically; a summary termination for non-payment usually requires a significant arrear and there are deadlines and conditions under the BGB.^[1]

What is the PKH application and when is it worthwhile?

The application for legal aid (PKH) can have the state cover costs if you cannot afford them yourself; it is particularly worthwhile in court disputes about eviction or payment.^[2]

Where can I turn if I am unsure about deadlines?

For deadline questions, local tenant counselling, a lawyer or information at the local court can help; never ignore deadlines, seek advice instead.

How-To

1. Collect all payment receipts and create a date chronology.
2. Send the landlord a written notice if you have payment problems and keep a copy.
3. Note deadlines from reminders and respond before they expire.
4. Consider an application for legal aid if court proceedings are looming.

Key Takeaways

• Documentation is the most important protection against unjustified evictions.
• Observing deadlines prevents loss of rights.
• Use official forms and seek advice early.

Help and Support

• Gesetze im Internet – Civil Code (BGB)
• Federal Ministry of Justice – information on legal aid (PKH)
• Federal Court of Justice – decisions and case law

1. [1] Gesetze im Internet – BGB §543 (Termination for good cause)
2. [2] Bundesministerium der Justiz – Legal aid (PKH)
3. [3] Federal Court of Justice – Decisions