Tenant Termination for Step Rent in Germany

As a tenant in Germany, graduated (step) rent can complicate everyday life — especially if the landlord breaches duties that affect your use of the flat. In some cases an immediate termination is possible, for example in case of severe defects, lack of heating in winter, or ongoing health risks from mold. This article explains in plain steps when immediate termination is possible, which deadlines and justifications are required, what form and evidence are recommended, and how to gather documents. I also describe how to act on time, which courts are competent and which official forms exist so you can assert your rights as a tenant in Germany effectively.

When is immediate termination possible?

Immediate termination is only permitted in special cases: the law requires a significant breach by the landlord that makes living unreasonable, or repeated severe breaches despite prior warning ^[1].

Key reasons

• Severe defects, e.g. missing heating (heating).
• Ongoing mold infestation with health hazard (mold).
• Unauthorized entry or privacy breaches by the landlord (entry).
• Major rent arrears by the tenant can also be grounds but often follow different procedural rules (rent).

Deadlines, justification and form

Immediate termination must be in writing and state a concrete reason; vague statements are insufficient. The termination should name facts that prove unreasonableness and set a deadline for remedy if appropriate ^[1].

Formal requirements

• Written termination with clear factual explanation (notice).
• Set a reasonable deadline to remedy defects where applicable (form).
• Make delivery verifiable, e.g. by registered mail or handover protocol (deliver).

Collecting evidence

• Photos of defects, heating readings and damage (photo, evidence).
• Correspondence, emails and chat histories with the landlord (document, evidence).
• Receipts, transfer records and bank statements for rent payments (rent, payment).

Which courts are competent?

Tenancy disputes are usually heard at the local court (Amtsgericht); appeals go to the regional court (Landgericht), and the highest precedents come from the Federal Court of Justice (Bundesgerichtshof) ^[2][3].

FAQ

Can I terminate immediately with step rent?

Yes, but only in case of significant breaches by the landlord that make living unreasonable. A precise justification and evidence are required.

Do I have to set a deadline to remedy the defect first?

Often yes: for remediable defects you should set a reasonable deadline, unless continuation of the tenancy is objectively unreasonable.

Who decides in disputes?

The competent local court decides on terminations and eviction claims; higher instances are the regional courts and the Federal Court of Justice.

How-To

1. Gather all evidence: photos, letters, invoices and witness statements (evidence).
2. Draft the written termination with concrete facts and, if appropriate, request a remedy deadline (within).
3. Send the termination with proof of delivery (registered mail) and consult legal advice if needed (contact).
4. If the landlord does not cooperate, you can file an eviction claim or further claims at the competent local court (court).
5. If the case goes to court, present your evidence clearly and completely.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — official site