Defend Rent-Default Eviction for Tenants in Germany
As a tenant in Germany, an eviction notice due to rent arrears can feel suddenly threatening to your livelihood. This article explains clearly what rights you have, which types of evidence are useful and how to act quickly to defend against the eviction. We describe practical steps: document rent payments, check reminders, file timely objections and, if necessary, seek help at the local court. You will also read which forms and legal bases are relevant, such as §§ 535–580a BGB, and when a lawyer or advisory service is advisable. The goal is to enable you to meet deadlines, secure evidence correctly and plan the next steps without overwhelming legal jargon. We also give tips on repayment plans and handling service charge statements.
What does a rent-default eviction mean?
A rent-default eviction is a termination by the landlord because rent has not been paid. It is based on tenancy law rules (e.g. §§ 535–580a BGB)[1] and can lead to an eviction suit conducted under civil procedure rules[2]. Not every missed payment automatically produces a valid termination: the amount of arrears, prior reminders and the formal shape of the termination are decisive.
- Check rent payments (rent) and collect all receipts
- Secure bank statements and payment records (evidence)
- Check the termination letter (form) and note the date
- Record deadlines (deadline) and act quickly
Important evidence
Good documentation increases your chances of successfully defending the termination. Collect all receipts and create a structured file for potential proceedings.
- Payment receipts, transfer confirmations and receipts (evidence)
- Written communication with the landlord, reminders and emails (form)
- Photos or screenshots of messages as supplementary evidence (evidence)
- Bank statements with clear timestamps for payment tracking (rent)
How to check formalities and deadlines
Check whether the termination was properly delivered and whether the landlord observed the legally required deadlines and prerequisites. In some cases the termination is invalid if formal errors occurred or the landlord failed to issue proper reminders.
How-To
- Document rent payments (rent): collect bank records, receipts and payment confirmations
- Collect evidence (evidence): photos, messages, bank statements and note witnesses
- Check deadlines (deadline): date delivery of the termination and observe objection periods
- File an objection in writing (form): reasoned, with copies of documents, sent by registered mail or handed in with proof
- Prepare court steps: assemble files for the local court and, if necessary, defend against an eviction suit
FAQ
- What is a rent-default eviction?
- A landlord termination because rent has not been paid; its validity depends on deadlines, reminders and form.
- How quickly must I react?
- Document payments immediately and check delivery and date of the termination; then file an objection within the deadline.
- Which evidence is strongest?
- Bank statements, transfer confirmations, receipts, written communication and witness statements are particularly relevant.
