Avoid Payment Default Termination - Tenants Germany

What is a payment-default termination?

A termination due to payment default means the landlord ends the tenancy because rent or other payments were not made on time. Tenants in Germany should know what requirements the landlord must meet and which deadlines apply. Sections of the BGB regulate the basics of the rental contract and the consequences of payment arrears^[1]. It is important to secure evidence early and respond appropriately before an eviction lawsuit at the local court becomes imminent^[2].

Common mistakes tenants should avoid

• Not securing evidence: missing payment receipts, transfer slips, bank statements or handover records weaken your defense.
• Ignoring deadlines: statutory and court deadlines are often overlooked and lead to loss of rights.
• Unclear communication: verbal promises without written confirmation are hard to prove.
• Premature moving out: leaving hastily without legal protection can worsen the landlord's claims.

Which evidence helps tenants?

Collect targeted evidence that documents your payment history and agreements with the landlord. Typical evidence includes transfer slips, bank statements, receipts, emails, text messages, and photos of handover records. Pay attention to stamps or electronic credits that clearly show date and amount.

Concrete steps if you receive a termination

1. Collect all relevant payment receipts and correspondence.
2. Respond in writing and on time to the landlord, requesting a detailed statement of claims.
3. Consider payment, partial payment or installment options to avert termination.
4. Seek legal advice if necessary and prepare a defense for the local court.

Forms and official documents

There is no single nationwide template for every case, but the following official laws and procedural rules are decisive: the BGB for tenancy claims and the ZPO for court proceedings. For an eviction lawsuit, documents must be filed at the competent local court; information on procedures is available on official justice websites^[1][2]. Use court websites and the Federal Ministry of Justice for forms and guidance^[4].

Practical examples for tenants

Example 1: You have transfer receipts, but the landlord claims non-payment. Present bank statements and transfer slips and request written clarification. Example 2: Short-term payment difficulties – contact the landlord immediately in writing, offer installments and document the agreement.

FAQ

Can the landlord terminate immediately if I miss rent once?

No. A summary termination is only possible under certain conditions, such as substantial arrears or repeated late payments; the exact conditions are set out in the BGB^[1].

Which deadlines are important when facing termination?

Important deadlines relate to responding to the termination and any payment deadlines; in disputes there are deadlines for filing documents at the local court and procedural deadlines under the ZPO^[2].

Who should I contact for legal help?

Official legal information centers and the local court's legal application office provide advice; for complex cases seek attorney assistance or advisory services^[4].

How-To

1. Gather all payment records and the tenancy agreement.
2. Send a formal written response to the landlord with a deadline.
3. Consider short-term payment options or installments and document any agreement in writing.
4. Prepare a defense if necessary and file documents at the local court.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Official website

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Official website
4. [4] Federal Ministry of Justice and Consumer Protection (BMJV)