Lockout Period after Conversion: Tenant Rights Germany

Many tenants in Germany wonder how long a lockout period applies after the conversion of rental housing into ownership or commercial use and what protections are in place. This article explains in plain language when lockout periods apply, which legal provisions under the BGB and case law are relevant, and which practical steps tenants can take. You will learn which official forms and deadlines are important, how to collect documents, and which authority or court is responsible. The guidance is practice-oriented so that as a tenant you quickly know how to respond to a conversion, enforce your rights against the landlord, and, if necessary, defend against an eviction claim, securely.

What does a lockout period mean?

A lockout period can prevent apartments from being terminated or evicted immediately after a conversion. It serves to protect existing tenants from termination and can arise from statutory provisions, contractual arrangements, or case law. Relevant are provisions of the German Civil Code (BGB) on tenancy relationships and pertinent court decisions.^[1]

When does a lockout period apply?

Lockout periods typically occur in the following situations:

• When rental apartments are converted into condominiums by the landlord.
• When statutory transitional periods or special protection rules apply.
• In publicly funded housing with special allocation or termination rules.

Which steps should tenants take?

If you are affected by a conversion, proceed step by step:

1. Examine the received letter or termination and check deadlines and justifications.
2. Document the situation: photos, emails, landlord letters and note witnesses.
3. Contact your municipality or the competent local court to ask about jurisdiction and legal options.
4. Submit a written statement if necessary and use official forms or templates where required.

Forms and evidence

Important documents and forms tenants may need include:

• The rental contract and previous correspondence with the landlord.
• Conversion notices and resolutions.
• Forms for court actions or applications to the local court, and contact forms of judicial authorities.^[2]

There is no single nationwide "termination template" but use official guidance and templates from justice authorities or ministries for deadlines and formal requirements.^[3]

FAQ

How long does a lockout period last after conversion?

The duration varies by legal basis, contract and court decision; transitional periods or special protection periods often apply.

Can tenants object to a termination?

Yes, tenants should submit a written response within deadlines and may seek legal assistance to oppose termination or defend against a claim.

Which court is competent for eviction cases?

Generally the local court (Amtsgericht) for tenancy matters; appeals go to the regional court and higher legal questions to the Federal Court of Justice.

How-To

1. Check deadlines immediately in the landlord's letter and mark important dates.
2. Collect evidence: lease, payment receipts, photos and communications.
3. Inform the competent local court about the planned measure and inquire about formal requirements.
4. Use official forms or send a reasoned statement to the landlord.
5. File objections in time and comply with legal deadlines.

Key Takeaways

• Check all deadlines and received documents immediately.
• Complete documentation strengthens your position.
• The local court is the initial authority for tenancy disputes.

Help and Support / Resources

• Gesetze im Internet – BGB
• Justizportal des Bundes und der Länder
• Bundesgerichtshof (BGH)

1. [1] BGB §535–§580a – Gesetze im Internet
2. [2] Justizportal des Bundes und der Länder – Zuständigkeiten
3. [3] Bundesministerium der Justiz und für Verbraucherschutz – Informationen