Tenant Rights for Conduct-Based Termination in Germany
As a tenant in Germany, a conduct-based termination can appear sudden and worrying. This guide explains in plain language what reasons landlords may assert for a termination, what evidence tenants should collect and which deadlines must be observed. You will receive concrete action steps — from documenting incidents and securely storing correspondence to filing claims at the local court — plus guidance on official forms and possible legal aid. Practical examples and an FAQ help clarify common concerns and show when a lawyer or legal aid is advisable. Examples of evidence types and instructions for securing evidence are explained in a practical manner.
What is conduct-based termination?
A conduct-based termination by the landlord is issued when the tenant's behavior is so severe that continuing the tenancy is unreasonable for the landlord. Typical reasons are repeated serious disturbances of the peace, outstanding payments despite warning notices, or intentional damage to the rented property. Relevant statutory provisions are found in the Civil Code (BGB).[1]
Immediate steps for tenants
- Document incidents in writing and collect evidence (evidence), e.g. photos, videos or timestamps.
- Keep all correspondence with the landlord (record), including emails, SMS and warning letters.
- Observe all deadlines (deadline): objections, setting time limits or deadlines for responses.
- Seek legal assistance (help) early and check eligibility for legal aid.
Forms, templates and courts
There is no uniform "termination form" for landlords, but for court proceedings tenants and landlords need certain documents and possibly application forms under the ZPO.[2] If you want to defend against an eviction lawsuit or a suit for invalidity of the termination, you should know which forms the competent local court expects and how to apply for legal aid.[3]
- Application for legal aid (PKH) — form for low-income tenants who need court assistance; submit it to the competent local court.
- Complaint / Response — if served with an eviction suit, prepare a timely written response and attach evidence.
- Proof of payments and reminders — provide bank statements and receipts as evidence.
How to use evidence correctly
Organize evidence chronologically: date, time, place, involved persons and a brief description of the incident. If possible, note witnesses with contact details. Photos and videos should retain metadata; screenshots should include supporting information. Keep a simple log noting the date and time of each action.
Frequently Asked Questions
- What can I do if I received a conduct-based termination?
- Check the reasons for termination, collect evidence, respond within deadlines and consider filing a reply or bringing a claim at the local court.
- Do I always need a lawyer?
- Not always. For complex cases or short deadlines, legal assistance is advisable; check eligibility for legal aid (PKH).
- What role does the local court play?
- The local court (Amtsgericht) is usually responsible for tenancy disputes such as eviction suits and other tenancy-related proceedings.
How-To
- Collect all relevant evidence (evidence): photos, messages, witness statements.
- Check deadlines (deadline) for objections or filing a claim at the local court.
- Gather required forms and, if necessary, apply for legal aid (application).
- Contact the local court or a counseling office for precise procedural guidance (help).
Help and Support
- Civil Code (BGB) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet
- Justice Portal – Court and procedure information
