Behavioral Termination: Tenants in Germany
As a tenant in Germany, a behavioral termination can be surprising and stressful. This guide explains in plain language when landlords may terminate tenancy for misconduct, which pieces of evidence tenants should collect, and how to observe deadlines, forms and authorities during the process. I describe concrete steps: which photos and messages help, how to record witnesses correctly and when legal assistance via consultation aid or legal aid (process cost assistance) is sensible. Practical examples show how to store evidence securely and present it at the local court or a hearing. The goal is to strengthen tenants' rights in Germany and show how to present your position factually and with legal certainty. I also name official laws and courts, explain required forms and link to official sources.
What is a behavioral termination?
A behavioral termination occurs when the landlord considers the tenant's behavior to make continuing the tenancy unreasonable. It is decisive whether the behavior constitutes a breach of contract and whether the landlord warned the tenant beforehand or whether a warning was dispensable. For legal classification see the relevant provisions of the BGB[1] and court jurisprudence.
Which pieces of evidence help?
Good evidence is clearly dated and traceable. Collect everything that documents the events and the timeline.
- Photos (photo) of damage with date, place and a short description.
- Chat histories and emails (document) saved as screenshots or PDF.
- Witness statements recorded in writing with contact details (record).
- Receipts, invoices and payment confirmations for amounts paid.
- Written defect reports and the landlord's responses documented.
Deadlines and formal steps
Respond to a termination or complaint within deadlines. Procedural rules for lawsuits and service are regulated in the Code of Civil Procedure (ZPO)[2]. Pay attention to the required form (written) and which reasons the landlord states.
- Observe response deadlines and court dates; set reminders.
- Request a written statement of reasons from the landlord if unclear.
- If an eviction suit is filed, submit a timely reply to the competent local court.
Legal assistance and forms
Check whether consultation aid or process cost assistance applies; there are official applications at the local court or the responsible justice ministry. Practical examples: a tenant on a low income can apply for consultation aid to get an inexpensive initial legal consultation; for longer proceedings process cost assistance (PKH) can cover court and attorney fees.
- Complete the consultation aid application and submit it to the local court.
- Apply for process cost assistance (PKH) if you cannot afford the costs of litigation.
- Seek early legal advice, for example at a public advisory office or tenant association if available.
FAQ
- What does "behavioral termination" mean exactly?
- It means the landlord refuses to continue the tenancy because of specific tenant misconduct; the circumstances must be provable.
- Which evidence is most valuable in court?
- Dated photos, written defect reports, payment receipts, chat histories and written witness statements are among the most important evidence.
- When do I need process cost assistance?
- If you cannot afford the costs of litigation, apply for PKH; the court assesses income, assets and the prospects of success of the lawsuit.
How-To
- Collect all evidence immediately: photos (photo), messages (document), receipts and witness names.
- Request written explanations or reasons from the landlord and document proof of delivery.
- Check entitlement to consultation aid or process cost assistance and submit applications in time.
- File a reply to the lawsuit at the local court if necessary and prepare the evidence presentation.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Federal Court of Justice – Decisions and information
