Tenants Document Termination Securely in Germany
As a tenant in Germany, you can document behavior-based terminations clearly and systematically to protect your rights and prepare legal steps. This article explains in plain language which deadlines apply, which evidence (photos, messages, witnesses) is important, and how to draft a template letter to the landlord. You will receive practical steps for chronological record keeping, guidance on communicating by registered mail, and tips on when professional advice or a lawsuit at the local court is sensible. All information refers to relevant sections of the BGB and official forms so you can present your position in Germany factually and securely. Read on for template forms, step-by-step instructions and contacts for competent local courts.
What to do with a behavior-based termination?
First check receipt and reasoning of the termination, note date and content, and secure all relevant evidence. The most important legal bases include the provisions in the BGB, especially the rules on duties and termination of tenancies [1], and the procedural rules of the ZPO for lawsuits [2]. For practical cases, the competent local court (Amtsgericht) is the contact point for eviction suits and tenancy disputes [3].
Key evidence: what to collect?
- Photos of damage, defects or incidents with date and time.
- Copies or screenshots of messages, emails and chat logs.
- Written witness statements with contact details.
- Rent payments and receipts as proof of payment method and amounts.
- Repair orders, defect reports and landlord responses.
Forms and official guidance
There is no single government template for a tenant response letter to a termination, but official legal texts help shape your arguments. Relevant legal texts on tenancy law are in the BGB on gesetze-im-internet.de (BGB). For procedural questions and lawsuit forms consult the justice portals of the federal states and the federal justice service.
- Tenant response / answer to landlord: no federal form; prepare a dated letter stating facts, referencing evidence and setting a reasonable deadline (attach payment proof if relevant).
- Lawsuit form (eviction/claim under ZPO): filed at court; check information sheets of the competent local court in advance.
Practice: sample process and communication
Keep a chronological log with date, time, content and evidence. Send formal letters demonstrably by registered mail with return receipt or hand over against a signed confirmation. If deadlines are set, respond within the specified time or seek legal counsel.
FAQ
- What is a behavior-based termination?
- A termination where the landlord argues that the tenant's conduct led to breaches of duty, for example repeated noise disturbances or serious contract violations.
- Which deadlines must I observe?
- Watch the deadline to vacate stated in the termination letter and statutory notice periods; court proceedings have short response times after service.
- When is it worthwhile to sue at the local court?
- If you have evidence that rebuts or mitigates the termination, or if procedural errors exist, the local court (Amtsgericht) is the right venue to contest an eviction or defend a claim.
How-To
- Record date and content immediately after receiving the termination letter.
- Secure photos, messages and witness statements in a chronological file.
- Draft a template letter to the landlord requesting a statement and setting a deadline.
- Send important letters with proof of delivery (registered mail/return receipt).
- If necessary, file lawsuit documents at the local court within deadlines.
Key takeaways
- Early, structured documentation protects your rights.
- Informal letters to the landlord can prevent or improve proceedings.
- The local court handles eviction claims.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection
- Gesetze-im-Internet: BGB
- Federal Court of Justice (BGH)
