Payment Default Eviction 2025 for Tenants in Germany

As a tenant in Germany, a payment-default eviction can suddenly have existential consequences. This text explains clearly and practically which rights and duties you have, which deadlines must be observed and which documents become important now. You will learn when a landlord can issue a termination with or without notice, what formal requirements apply and how to secure receipts, payment records and correspondence so they can be used as admissible evidence in court or at the local court. The goal is to give you concrete steps so you do not miss deadlines and can respond well-founded.

What is a payment-default eviction?

A payment-default eviction is when the landlord terminates the tenancy because the tenant has fallen into arrears with rent payments. Legal bases are found in the German Civil Code (BGB), in particular regarding reasons for termination and the obligations of landlord and tenant.^[1] A termination without notice is possible when certain thresholds are met; usually the number of missed monthly rents or the amount of outstanding debt matters. The landlord must state the reasons in writing.

What tenants should do now

• Check the deadline in the termination letter immediately and respond within the named time limits.
• Secure payment evidence: bank statements, transfer receipts and receipts are essential proof.
• Request a written breakdown of the claims from the landlord and, if necessary, ask for an installment agreement.
• Document correspondence and appointments in a clear file; photos and timestamps help prove dates.

Forms and official steps

Relevant legal texts are the BGB (general tenancy rules) and the Code of Civil Procedure (ZPO) for court procedures; in disputes the competent court is usually the local court (Amtsgericht).^[1][2] Important documents and forms for tenants are:

• Landlord's termination letter (written): Check date, signature and reason; keep a copy.
• Reminder / payment demand: A reminder is not a prescribed legal form, but written evidence can clarify later disputes.
• Application to the local court (e.g., for an eviction claim): Courts provide forms for claims and applications; inform yourself early about required forms.

Practical examples

Example 1: You are in arrears for two months. Pay as quickly as possible or offer the landlord an installment plan and return the signed agreement. Example 2: You paid but the landlord claims otherwise. Present bank statements or transfer receipts and send a copy by registered mail.

What if the landlord sues?

If a suit is filed, the local court typically decides in the first instance; procedures follow the ZPO.^[2] Prepare: full payment evidence, copies of all reminders and terminations, and the handover protocol if relevant. Object properly and check possible defenses such as recorded payments or rent reduction rights.

FAQ

When can my landlord terminate without notice?

Termination without notice is possible when certain conditions are met, such as significant arrears; exact criteria are set by the BGB.

Which deadlines must I observe?

Pay attention to the deadline stated in the termination letter and act immediately, usually within weeks, to organize objection or payment.

Which documents help in a dispute?

Payment receipts, bank statements, reminder letters, termination copies and the handover protocol are central.

Anleitung

1. Read the termination letter carefully and note deadlines and amount claimed.
2. Check bank statements and payment receipts to confirm or refute outstanding amounts.
3. Contact the landlord in writing with a proposal for payment or an installment agreement.
4. Seek legal advice, for example from a tenants' association or legal counsel, if deadlines or lawsuits threaten.

Key Takeaways

• Secure evidence immediately and completely.
• Respond within the stated deadlines to avoid losing rights.

Help and Support

• Federal Ministry of Justice and Consumer Protection
• Laws Online (BGB, ZPO)
• Federal Court of Justice (BGH)