Landlord's termination for rent arrears, with ordinary notice in the alternative (Germany)
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This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A landlord's notice in Germany when the tenant is behind with the rent: without notice under § 543(2) of the German Civil Code (BGB) and, at the same time, ordinary notice in the alternative under § 573(2) no. 1 BGB — because if the tenant pays up, only the termination without notice falls away (BGH VIII ZR 106/23). The letter states the ground and every unpaid month, sets a date to hand the flat back, objects to a tacit extension and tells the tenant about the objection in text form. In German, to print and sign by hand by every landlord.
What you fill in
The details the document asks for.
- Landlord
- Landlord's address
- Tenant
- Street and house number of the flat
- Postcode and town of the flat
- City
- Date
- Where the flat is in the building (e.g. 2nd floor left, flat 7)
- Date of the contract
- Who gives notice: the only landlord, or all landlords together (where there are several, all give notice and sign)
- Ground: two due dates in a row behind by more than one month's rent, or two months' rent owed over a longer period
- Amount of rent
- Months in arrears and the amount owed for each
- Amount of arrears
- Flat to be handed back by
- Date of termination
- Flat let to the tenant since (start of the tenancy)
- Notice period in months
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- From what level of arrears may a landlord in Germany terminate without notice?
- When the tenant is in default for two consecutive due dates with the rent or a part of it that, for a dwelling, exceeds one month's rent, or when over more than two due dates arrears equal to two months' rent have built up (§ 543(2) first sentence no. 3 and § 569(3) no. 1 BGB). Rent here means the basic rent plus the monthly advance payments for service charges, not back-payments from a service-charge statement. The letter states the ground and the arrears in detail, because the important reason must be given in the notice itself (§ 569(4) BGB).
- Why does a German arrears notice also give ordinary notice in the alternative?
- Because paying up can undo the termination without notice: if the tenant clears the arrears no later than two months after the eviction claim is served, or a public body undertakes to pay, the termination without notice becomes ineffective (§ 569(3) no. 2 BGB). According to the Federal Court of Justice, the ordinary notice given at the same time is not affected (BGH VIII ZR 106/23 of 23 October 2024); it then ends the tenancy with the statutory period.
- What happens in Germany if the tenant does not move out after the notice?
- Then the only route is an eviction action at the local court (Amtsgericht) for the area where the flat is; the landlord may not clear the flat, change the locks or cut off the electricity on their own. Until the flat is returned, the tenant owes compensation for use equal to the agreed rent (§ 546a(1) BGB). So that the tenancy is not tacitly extended by continued use, the letter objects to that in advance (§ 545 BGB).
- In what form must a German notice for rent arrears reach the tenant?
- In writing (§ 568(1) BGB): printed, signed by hand by all landlords and addressed to all tenants. A qualified electronic signature would also work, but only if the signed file itself arrives; an e-mail or fax is void. Because receipt is what counts (§ 130 BGB), hand over the original in front of a witness or have a messenger post it and note the day and time; the tracking status of an Einwurf-Einschreiben alone does not prove receipt (BAG 2 AZR 68/24).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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