Behavioral Termination: Tenants in Germany

As a tenant in Germany it is important to know how to respond to a behavioral termination. This practical guide explains which types of evidence are useful, how to systematically document photos, messages and witness statements and which deadlines and obligations you must observe. We show practical steps for safely storing records, communicating with the landlord and when going to the local court or seeking legal advice is advisable. Understand your rights under the BGB^[1], which forms may be important, and how well-documented records can improve your chances in a dispute.

What is a behavioral termination?

A behavioral termination requires the landlord to prove specific contract-violating conduct by the tenant. Typical reasons include serious disturbances, repeated payment delays or intentional damage to the apartment. As a tenant you have the right to dispute the allegations and present evidence. In many cases the local court (Amtsgericht) decides on the lawfulness of a termination and the Code of Civil Procedure (ZPO) governs the proceedings^[2].

Key evidence and how to document it

Proofs should be collected, dated and secured systematically. Keep originals and copies separately and create a simple file with an index.

• Photos and videos: record date, time and a short context for each capture.
• Messages and emails: save screenshots and forwards, including metadata where possible.
• Witness statements: collect names, contact details and brief written statements.
• Correspondence and forms: file the termination letter, lease and reminders chronologically.
• Payment receipts: secure transfer confirmations and receipts for rent and utilities.

Practical tips for securing evidence

Photograph damage from multiple angles, store digital copies in a cloud and create a short log with dates and brief notes for each document. Label folders clearly and keep a simple inventory.

Deadlines, forms and court steps

When responding to terminations always pay attention to deadlines stated in the landlord's letter. Forms for lawsuits or applications are usually available from the local court or on the Federal Ministry of Justice website; a sample response letter can help structure your position^[3].

How-To

1. Read the termination letter immediately and note all deadlines and reasons.
2. Collect evidence: photos, messages, witnesses and payment records.
3. Write a response to the landlord and send it by registered mail or by email with read receipt.
4. Seek legal advice from tenant counselling or an attorney if unsure.
5. If necessary, file a claim at the competent local court; include an ordered documentation package.

FAQ

What can I do if I receive a behavioral termination?

Check the stated reasons, gather evidence and respond in writing within the given deadlines; obtain legal help if needed.

Do I have to present all documents immediately?

No, first secure copies and an index; keep originals protected and present them only when requested.

Who decides whether the termination is lawful?

The competent local court (Amtsgericht) decides on lawfulness; higher courts include the regional courts and the Federal Court of Justice.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Federal Ministry of Justice and Consumer Protection — bmj.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz — bmj.de