Payment Arrears: Termination Deadlines for Tenants in Germany

If your landlord terminates the tenancy because of rent arrears, tight deadlines, formal requirements and proof of payments are often central. This guide helps tenants in Germany understand the main termination deadlines for payment arrears, systematically secure evidence, and clearly plan the next steps. You will learn when an extraordinary or ordinary termination is possible, which documents (bank statements, correspondence, receipts) serve as evidence and how to respond in time to protect your rights. We also explain which courts have jurisdiction, which legal provisions apply and which practical templates and contact points exist. At the end you will find a practical checklist and tips on how to meet formal deadlines.

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

First check the termination letter for date, service and details about the alleged arrears. Legal bases for this can be found in the Civil Code (BGB) regarding tenancy and termination requirements.^[1] It is crucial whether the conditions for an extraordinary termination are met or whether the landlord has declared an ordinary termination, which triggers different deadlines.

Important steps

• Check deadlines and the date the termination was received immediately.
• Secure evidence: bank statements, transfer receipts, SMS/WhatsApp and emails.
• Check your payment obligations and clarify any booking errors.
• Write a formal statement or objection and send it by registered mail.
• If necessary, prepare a lawsuit or counterclaim and observe the civil procedure rules.^[2]

Forms and evidence

There is no unified official termination form for landlords; terminations should, however, always be in writing and verifiable. For tenants, the relevant documents are primarily payment records, bank statements, receipts and evidence of reminders. A practical example: if the landlord serves an extraordinary termination for two outstanding monthly rents, present bank statements that document payments or debits and send a written response with copies of these documents to the landlord.

FAQ

What deadlines apply when the landlord terminates due to payment arrears?

If an arrears amount meets the statutory thresholds (e.g. several months' rent or repeated arrears), the landlord can terminate without notice; see the BGB for exact conditions.^[1]

Can I object to the termination?

Yes. Respond in writing, provide payment evidence or raise legal objections. Eviction lawsuits are usually handled by the local court, where you can contest the claim.^[3]

What evidence helps in a dispute?

Bank statements, transfer receipts, receipts, correspondence with the landlord, photos (e.g. of alleged damage) and witness statements are particularly helpful.

How-To

1. Note all deadlines and the date the termination was received immediately.
2. Secure all relevant evidence digitally and in paper form.
3. Check bank statements and payment evidence and, if necessary, clarify with your bank.
4. Write a formal reply to the landlord and enclose copies of the evidence.
5. If no agreement is possible, prepare a lawsuit or response at the local court and observe the rules of the civil procedure code.^[2]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] BGB §§ 535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de