Tenant: Dismissal for Behavior - Germany
As a tenant in a German city, you may be surprised by a dismissal for behavior. This article explains in plain language which steps make sense, how to document allegations and which deadlines apply. I describe which evidence (photos, messages, witnesses) matters, how to respond to a dismissal and when it makes sense to seek legal advice or apply for consultation aid. This guide is based on the relevant rules of the BGB and on typical court procedures at the local court, but it does not replace individual legal advice. It aims to help you protect your rights, spot options quickly and prepare securely if an eviction lawsuit is filed.
What does a dismissal for behavior mean?
A dismissal for behavior occurs when the landlord ends the tenancy due to concrete misconduct by the tenant. Relevant provisions can be found in the German Civil Code (BGB) concerning tenant obligations and termination[1]. Whether a dismissal is lawful depends on the seriousness of the conduct, prior warnings and a balancing of interests. In many cases a written review is advisable before you move out or miss deadlines.
What tenants should document
- Photos and videos of the incident (evidence)
- Correspondence: e‑mails, SMS, chat histories (evidence)
- Witnesses: names, contact details and short statements (evidence)
- Payment receipts and rent records (evidence)
- Police reports or official records, if available (evidence)
Deadlines and response options
Once you receive a dismissal, act quickly. Deadlines can be short; check the letter immediately and plan your next steps. If in doubt, seek legal advice early or apply for consultation aid.
- Observe deadlines: check immediately and respond within a few weeks (deadline)
- Respond in writing: document your reply and send it by registered mail (form)
- Court action: if necessary, you can file a suit at the local court (court)
- Consultation aid: check whether legal consultation aid or legal aid is available to you (contact)
Forms, authorities and practical examples
Important documents and authorities:
- Application for consultation aid (form): If you have low income, this form can help fund initial legal advice; submit it to the competent authority before filing a lawsuit.[4]
- Filing a suit at the local court (claim form, Civil Procedure Code): Eviction suits or responses are filed according to the rules of the ZPO; check procedures with your local court.[2]
- Review the dismissal under BGB §§535–580a: Read the statutory basics to assess breaches and legal consequences.[1]
- BGH decisions for guidance: Important rulings on dismissals provide insight into how courts balance interests.[3]
FAQ
- Can a landlord dismiss immediately for a single disturbance?
- A single minor disturbance usually does not justify an immediate dismissal; often a warning or balancing of interests is required.
- Do I have to vacate immediately after receiving a dismissal?
- No. Check deadlines and do not act hastily; in many cases you can contest the dismissal or seek an amicable solution.
- When is it worth suing against the dismissal?
- Suing may be worthwhile if the dismissal is disproportionate, warnings are missing, or evidence supports your account. Get legal advice.
How-To
- Collect all evidence: photos, messages, payment receipts and witness statements (evidence).
- Record dates and deadlines: date of the dismissal letter and response deadlines (deadline).
- Send a written reply to the landlord and document the dispatch (form).
- Seek legal advice or apply for consultation aid if you need support (contact).
- Consider filing suit at the local court if no agreement is possible (court).
Help & Support
- Federal Ministry of Justice – Information
- Gesetze im Internet – BGB and ZPO
- Federal Court of Justice – Decisions
