Termination for Rent Arrears 2025 - Tenants in Germany
As a tenant in Germany, a termination for rent arrears can be very stressful. This article explains clearly and practically which rights and obligations you have in 2025, which deadlines apply and which concrete steps you should take promptly and safely. You will learn how to check reminders, collect payment receipts and respond in writing. I also explain when an immediate termination is possible, how court proceedings work and which authorities are responsible. At the end you will find a short guide, frequently asked questions and official links to legal texts and courts so that you can act quickly and protect your rights as a tenant.
What applies to termination for rent arrears?
An immediate termination by the landlord is possible under certain conditions; the relevant rule is § 543 of the German Civil Code (BGB). [1] It is decisive whether the arrears are so significant that the landlord cannot reasonably be expected to continue the tenancy. Courts consider circumstances such as the duration of arrears, the amount and prior warnings.
Rights, deadlines and formal steps
- Set a clear payment deadline in a reminder (e.g. 14 days) and document sending and receipt.
- Check bank statements and payment receipts to have evidence of payments ready.
- Always send formal replies in writing and keep copies of letters or emails.
- If you object, collect evidence (tenancy agreement, receipts, correspondence) for proof.
- In case of an eviction lawsuit, civil procedure rules apply; information on proceedings can be found in the Code of Civil Procedure (ZPO). [2]
There is no blanket exception for every case: whether an immediate termination is justified depends on the circumstances and possibly a court. Important statutory provisions can be found in the BGB (tenancy law §§ 535–580a). [1]
How-To
- Check all reminders immediately and note deadlines and dates.
- Pay outstanding amounts or promptly provide proof of payment.
- Send a written response or objection and archive copies.
- Prepare your documents for a possible court proceeding and contact the competent local court. [3]
Frequently Asked Questions
- When can the landlord terminate for rent arrears?
- The landlord can terminate if the arrears are so significant that continuation of the tenancy is unreasonable; the key provision is § 543 BGB. [1]
- How long do I have to pay outstanding rent?
- There is no uniform deadline; act immediately and within the deadline set by the landlord (often 7–14 days) to avoid escalation.
- What happens in an eviction lawsuit?
- The local court decides on an eviction lawsuit; the procedure follows the rules of the ZPO. Seek advice early and submit evidence. [2]
Help and Support
- [1] BGB §543 - Immediate termination (gesetze-im-internet.de)
- [2] Code of Civil Procedure (ZPO) - Overview (gesetze-im-internet.de)
- [3] Justice portal - Information on courts (justiz.de)
