Rent Arrears: Fight Eviction for Tenants in Germany

Many families in Germany receive a notice of termination because rent payments are overdue. This checklist is aimed at tenants without legal expertise and explains step by step how you can sensibly fight a termination due to rent arrears. You will learn which deadlines are important, when back payments help, which documents you should collect and when legal assistance or an application for legal aid (PKH) makes sense. We also name the competent courts and relevant legal bases so that you know what matters in an emergency. At the end you will find practical templates, action steps and official contact points in Germany to protect your rights. Read this guide calmly and act promptly.

What to do in case of termination due to rent arrears?

First check the termination letter carefully: who signed it, what date is given and which claim is asserted? In many cases the landlord must name reminders or a concrete payment deadline before a summary termination is justified. State in writing which amounts are missing and request an exact breakdown. Mention all payments already made and attach receipts or transfer confirmations.^[1]

Immediate measures

• Check deadlines in the termination letter and respond within the required time.
• Pay overdue rent immediately if you can and have payments confirmed in writing.
• Collect evidence: account statements, transfer receipts, correspondence and photos of relevant documents.
• Contact the landlord in writing and, if necessary, propose a repayment plan.
• Consider legal advice, for example from a tenants' association or a tenancy lawyer.

Forms and official templates

Important official forms and templates that can be relevant in proceedings around rent arrears:

• Mahnverfahren application (form for the judicial dunning procedure) – Usually used by creditors when claims remain unpaid. Example: the landlord applies for a dunning order when you have not paid a month's rent.
• Application for legal aid (PKH) – Form with which tenants can apply for financial support for court proceedings if the prerequisites are met. Example: you can apply for PKH in a possession claim if your financial situation justifies it.
• Filing a claim at the local court (eviction claim) – If the landlord sues, the local court decides on eviction and payment. Example: the landlord files an eviction claim when back payments remain and no agreement is reached.

FAQ

Can the landlord terminate immediately because of rent arrears?

Under certain conditions, a summary termination due to rent arrears may be possible, especially for substantial or repeated arrears. However, a prior reminder or deadline is often required.

What deadlines apply for repayment or objection?

Deadlines are usually stated in the termination letter. There is often little time to respond; therefore act quickly and document your steps.

What should I do first as a family tenant?

Check the amount claimed, pay immediately if possible and gather evidence. Seek legal advice and consider an application for PKH if costs are a barrier.

How-To

1. Carefully read the termination letter and note deadlines, claimed amounts and contacts.
2. Calculate outstanding amounts and, if possible, make immediate payment with written receipt.
3. Collect all relevant evidence: account statements, rent payments, correspondence and photos.
4. Contact legal advice (tenants' association, lawyer) and consider applying for legal aid (PKH).

Help & Support / Resources

• BGB text on tenancy law (excerpt)
• Information on local courts and jurisdiction
• Federal Ministry of Justice: information on legal aid

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Information on local courts and jurisdiction