Payment Default Eviction for Tenants in Germany

If you are a tenant in Germany facing an eviction due to payment default, quick and timely action is important. This article explains which deadlines apply, which forms are relevant and how to document evidence and responses. You will learn when an extraordinary termination is permissible, how a warning (Abmahnung) works and what role the local court (Amtsgericht) plays if an eviction lawsuit is filed. Practical action steps, examples of responses to the landlord and notes on official laws (Sections 535–580a BGB, ZPO) help you make informed decisions. The goal is to give you clear, direct help so you can assert your rights as a tenant in Germany with confidence.

What applies to termination due to payment default?

In cases of payment default, a landlord can in certain circumstances terminate the tenancy extraordinarily, especially when rent is missing repeatedly or to a significant extent. The basics of tenancy law are contained in the BGB^[1]. Procedures and litigation are governed by the Code of Civil Procedure (ZPO)^[2]. Important: a termination is not automatically effective if deadlines or formal requirements are not met.

Immediate steps for tenants

• Immediately check the deadlines and the delivery date stated in the termination.
• Pay outstanding rent if possible to prevent enforcement.
• Write a short written statement to the landlord and request exact details of the claim.
• Collect evidence: bank statements, receipts, correspondence and photos of the living condition.
• If you need legal help, apply for Beratungshilfe (advice assistance) or check eligibility for legal aid at the local court.

Important official forms

For tenants the following forms and applications are particularly relevant:

• Template response / statement (not an official form): Write a deadline preservation and brief factual statement to the landlord.
• Application for Beratungshilfe (advice assistance form at the local court) – use if you need legal advice and cannot afford the costs^[3].
• Eviction lawsuit form (filed at the competent local court): Only required if the landlord files suit or pre-trial measures fail.

Rights, evidence and court procedure

If an eviction lawsuit is filed, the local court (Amtsgericht) decides. There you can present evidence and objections. In some cases, installment payments or settlements are possible. Court procedures follow the ZPO^[2]. The Federal Court of Justice (BGH) has issued decisions guiding the interpretation of tenancy law; local courts are responsible for concrete enforcement.

FAQ

What can I do if I cannot pay the rent at short notice?

Contact the landlord immediately, pay a partial amount if possible and document the payment attempt in writing.

How quickly must I react to a termination?

React immediately: Check delivery and deadlines and, if necessary, submit a statement; missing a deadline can cost you rights.

Who decides in an eviction lawsuit?

The competent local court (Amtsgericht) decides on eviction lawsuits; higher instances can be the regional court (Landgericht) and the Federal Court of Justice (BGH).

How-To

1. Collect documents: termination notice, bank statements, payment receipts, correspondence.
2. Calculate deadlines: Check delivery date and statutory deadlines immediately.
3. Contact the landlord in writing: Send a statement and payment proposal.
4. Secure proof of payment or document any installment agreement.
5. If sued: apply for Beratungshilfe and submit documents to the local court.

Help and Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Federal Ministry of Justice and Consumer Protection – bmjv.de

1. [1] §§ 535–580a BGB – gesetze-im-internet.de
2. [2] ZPO – gesetze-im-internet.de
3. [3] Beratungshilfe / Information – bmjv.de