Tenants' Rights: Behavioural Eviction in Germany

Many tenants in Germany face situations where a landlord threatens behavioural eviction for alleged breaches of obligations. This article explains plainly and practically which conditions may justify a behavioural eviction, which deadlines you must observe and which steps you as a tenant should take immediately. I explain the role of the Civil Code and the local court, how to secure evidence, which forms are important and when legal help is needed. The aim is that you understand your rights, do not miss deadlines and can act quickly in a big city without procedural errors. Read the guidance carefully, collect documents and seek support in time if there are uncertainties.

What is a behavioural eviction?

A behavioural eviction occurs when the landlord claims that the tenant's behaviour justifies terminating the tenancy. It is decisive whether an obligation breach exists and whether it is so serious that continuation of the tenancy is unreasonable. Legal rules are contained in the Civil Code (BGB).^[1]

Typical reasons and examples

• Repeated noise disturbance (warning) – if warnings are unsuccessful.
• Intentional damage to the rental property (repair) – for example deliberate destruction.
• Serious payment arrears (rent) – repeated or large rent arrears may justify eviction.

Deadlines and formal requirements

Formal requirements are important: the eviction must be in writing and clearly state the reason. For a summary eviction tight deadlines apply, and a warning is often required first. Check deadlines immediately, document receipt of letters and respond within the specified time frames.^[1]

How to respond as a tenant

• Check deadlines (deadline) immediately after receiving the eviction and note the date of receipt.
• Collect evidence (evidence): photos, messages and witness names.
• File a written objection (form) and provide your reasoning; keep copies.
• Contact advisory services or legal representation (contact) before deadlines expire.

Forms and templates

For court actions there is no nationwide standard form for responding to an eviction; lawsuits and replies are filed under the rules of the Code of Civil Procedure. The competent local court accepts complaint forms and provides information on required attachments.^[2][3]

How-To

1. Check the date (deadline): note the date you received the eviction and calculate time limits.
2. Secure evidence (evidence): save photos, messages and witness statements and create a file.
3. Respond in writing (form): send an objection or statement with evidence to the landlord and keep copies.
4. Seek advice (contact): contact tenants' associations, counseling centers or a lawyer before deadlines expire.
5. Prepare for court involvement (court): if necessary, submit complete documents to the competent local court.

Frequently Asked Questions

Can a landlord evict without a warning?

In exceptional cases yes; however a prior warning is often required so the tenant can change their behaviour.

What is the role of the local court?

The local court is usually responsible for tenancy disputes such as eviction suits and declaratory actions.

Where are the legal bases?

Important provisions are in the BGB (e.g. §§ 535–580a) and in the Code of Civil Procedure (ZPO) for procedural matters.

Help and Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Information on local courts and procedures – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Information on local courts and civil procedures — justiz.de