Tenants in Germany: Fight Eviction for Payment Arrears

If your landlord in Germany serves a termination due to payment arrears, quick and structured action is important. Many terminations can be prevented if tenants collect evidence, observe deadlines and use official forms. This text explains in plain language which legal foundations apply, which documents serve as proof and how to respond formally — from the written statement to defending a lawsuit at the local court. You will receive a practical checklist for evidence, clear action steps and notes on deadlines and possible support services. Readers without legal background will find concrete phrasing examples when an objection makes sense and how to attend appointments to protect their rights as tenants in Germany. Read on.

What to do if you receive a termination for payment arrears?

React promptly: check the termination and payment deadlines, collect evidence and inform counseling services or a lawyer. The legal rules on termination of tenancy contracts are found in the BGB.^[1]

• Check deadlines: verify termination date and payment deadline.
• Collect rent and payment proofs: transfers, receipts, bank statements.
• Object in writing and submit forms.
• Inform contacts: legal advice or tenant protection organizations.

Which evidence helps?

Focus on proof that documents payment arrears or explains reasons for them. Order documents chronologically and note extra information like names or times of conversations.

• Proofs: payment receipts, receipts and bank statements.
• Communication: document emails, SMS and landlord letters.
• Photos: photograph payment confirmations or relevant correspondence.
• Witnesses: have neighbors or the caretaker confirm in writing.

Deadlines and legal basis

The key rules on tenancy law are in the provisions of the BGB (in particular §§ 535–580a). For court steps, the rules of the Civil Procedure Code (ZPO) apply, for example for lawsuits or eviction proceedings.^[1][2]

Forms and templates

Official templates or guidance can be found at the Federal Ministry of Justice; there are notes on wording for objections and suggestions for payment agreements.^[3] Practical example: send a letter with the date, full name, address, account details of payments made, a short reason and a concrete payment proposal. Send such letters by registered mail and keep the tracking number as proof.

How-To

1. Check the termination deadline and date.
2. Collect all payment proofs and communications.
3. Write a formal statement and send it by registered mail.
4. If necessary, file an objection or lawsuit at the local court.

FAQ

Can the landlord terminate immediately?

No. An extraordinary termination due to payment arrears requires conditions under the BGB and deadlines must be observed.^[1]

Which evidence is often sufficient?

Payment receipts, bank statements, emails and written confirmations from witnesses are crucial.

Who should I contact for help?

Contact the local court or the Federal Ministry of Justice for template forms and legal information.^[3]

Help and Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Gesetze im Internet – ZPO
• Federal Ministry of Justice and Consumer Protection

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz und für Verbraucherschutz