Tenant Rights: Eviction for Students in Germany

As a tenant or student in Germany, an immediate eviction can arrive suddenly and be unsettling. This guide explains clearly and practically which reasons may justify immediate termination, how students should respond formally and which deadlines must be observed. You will receive checklist-style action steps for collecting evidence, communicating with the landlord and using official forms. You will also learn when a rent reduction or an objection is appropriate and how to defend against an eviction lawsuit. The text takes into account typical student situations such as financial shortfalls, subletting and defects in the flat so you can protect your rights in Germany. I also explain which official authorities and courts are responsible for tenancy disputes and which forms you can use.

What is an immediate (summary) termination?

An immediate termination ends the tenancy without observing the usual notice period. It is only permissible if there is an important reason, such as serious breaches of contract or persistent non-payment of rent. The rules in the BGB^[1] are decisive.

When is an immediate termination justified?

Typical reasons include:

• Rent arrears: Several months' rent is missing despite reminders; the landlord can terminate immediately if arrears are substantial.
• Serious defects and danger: If the flat becomes uninhabitable (e.g. heavy mold infestation, no heating) and the landlord does not act, this can be a reason for termination.
• Illegal use: Commercial use without permission or endangering third parties can justify immediate termination.

Concrete steps when you receive a termination

Act practically as follows:

• Collect evidence: Document photos, messages, payment receipts and dates/times of incidents.
• Check the termination letter: Pay attention to reasoning, signature and how the notice was delivered.
• Contact advisory services early and, if necessary, inform your landlord in writing about corrective measures.

FAQ

Can my landlord evict me immediately?

No. Immediate eviction without a court order is unlawful in Germany; usually an eviction process follows at the local court.^[2]

What should I do if I am behind on rent?

Check reminders, present proof of payment and seek a conversation. For unforeseeable financial shortages, advice can help prevent an immediate termination.

Which deadlines must I observe?

Observe statutory deadlines for objections and eviction dates; if in doubt, contact the local court or an advisory service immediately.

How-To

1. Check the notice period and dates stated in the letter.
2. Collect evidence: photos, payment receipts, messages.
3. Inform advisory services or the court's legal applications office.
4. If necessary, submit a written statement or file a claim at the local court.^[3]
5. Prepare for possible court dates and bring all documents with you.

Key Takeaways

• An immediate termination is only justified for serious reasons.
• Timely response and documentation protect your rights.

Help and Support

• Forms: Justice Portal – Forms
• Laws: BGB (Gesetze im Internet)
• Courts: Federal Court of Justice (BGH)

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Justizportal — Forms and Templates