Legal guide to renting housing (Mietrecht): how to protect yourself
German residential tenancy law (Mietrecht) provides an opportunity for protection against eviction under Mietrecht even in the event of arrears. A landlord is not entitled to evict a tenant independently: without a court judgment and the involvement of a bailiff, any forced eviction is considered unlawful self-help.
International Law Firm "Zahist" has a presence in Germany and regularly assists Ukrainians in disputes with landlords. Our experience shows that most clients lose their housing not because of the debt itself, but because they are unaware of the two-month period that the law grants for its repayment.
Ordinary and extraordinary termination of the tenancy: what is the difference
Ordinary termination (ordentliche Kündigung) requires the landlord to demonstrate a legitimate interest — for example, personal need for the dwelling (Eigenbedarf) — and to observe the notice period under section 573c BGB.
| Duration of tenancy | Notice period |
| Up to 5 years | 3 months |
| From 5 to 8 years | 6 months |
| More than 8 years | 9 months |
Extraordinary termination without notice (fristlose Kündigung) is permissible only in the event of a serious breach — for example, arrears exceeding the rent for two full months.
Schonfristzahlung: how to stop an eviction by paying the debt on time
If termination occurred because of arrears without notice, the law gives the tenant the right to retain the dwelling by fully settling the debt within two months from service of the eviction claim.
This rule applies only to extraordinary termination for arrears — in the case of ordinary termination on grounds of Eigenbedarf, payment of the debt does not save the tenancy.
Our experience shows that clients who, immediately after receiving the claim, seek confirmation of payment from the Jobcenter or social services are more likely to meet the prescribed deadline.
Unlawful self-help eviction: what to do if the locks have been changed
Changing the locks, cutting off heating, or removing a tenant’s belongings without a court order is classified as prohibited self-help (verbotene Eigenmacht) and does not depend on how large the rent arrears are.
- Document the unlawful acts — photographs, witnesses, calling the police on site.
- Demand immediate restoration of access to the dwelling by written demand to the landlord.
- If refused — apply for a temporary injunction (einstweilige Verfügung) for urgent restoration of possession.
Only a bailiff, on the basis of a final court judgment, is entitled to physically clear the dwelling of the tenant’s belongings.
Penalties and liquidated damages in the contract: what is lawful and what is not
Contract clauses establishing a fixed penalty for late payment of rent are generally invalid — German law permits only the recovery of statutory default interest, not an arbitrary contractual penalty.
Upon move-out, the landlord is not entitled to claim compensation for ordinary wear and tear of the dwelling (gewöhnliche Abnutzung) — for example, faded wallpaper or a worn floor after several years of occupancy.
Our experience shows that landlords often include in the move-out statement repair costs that in fact cover natural wear and tear, and such items can be successfully challenged.
Kaution, rent increases, and utility statements
The amount of the security deposit (Kaution) may not exceed three months’ rent excluding utilities, and the sum must be held in a separate bank account apart from the landlord’s own funds.
Rent increases are capped at 20 percent over three years, and in regions with a tight housing market — 15 percent, and must always be based on the local rent index (Mietspiegel).
The landlord must provide the final utility statement no later than one year after the end of the billing period; otherwise, a claim for additional payment generally lapses.
Formal requirements for a notice of termination
A notice of termination of the tenancy must be in written form with the landlord’s personal signature — notice by email or messenger has no legal effect.
The absence of a precise ground for termination or an incorrectly stated notice period gives the tenant grounds to challenge the document as a whole, not only individual terms.
Assistance from the Jobcenter with rent arrears
The Jobcenter or social services may assume repayment of rent arrears in order to prevent loss of housing if the debt did not arise through the tenant’s fault and eviction is a real threat.
Mandatory written confirmation of payment from the Jobcenter, sent to the landlord within the two-month period, has the same effect as the tenant’s own payment of the debt.
The court is obliged to inform social services of a filed eviction claim; however, one should not rely on this alone — an application for assistance is best submitted independently and as early as possible.
What evidence to gather from the first day of the dispute
The outcome of most eviction and penalty disputes depends not on eloquence, but on the documents the tenant can present to the court or to the landlord.
- A copy of the tenancy agreement and all supplemental agreements to it.
- Receipts for rent and utility payments for the last three years.
- Correspondence with the landlord — emails, registered letters with proof of delivery.
- Photographs of the condition of the dwelling upon move-in and when the dispute arose.
The absence of even one of these documents significantly weakens the tenant’s position already at the first stage of negotiations with the landlord.
Particulars for Ukrainians with status under section 24 AufenthG
The right to protection against eviction under Mietrecht applies equally to all tenants regardless of citizenship or residence title — temporary protection status does not reduce the scope of these guarantees.
At the same time, recipients of benefits under AsylbLG or Bürgergeld, in the event of delayed payment by the authority, may rely on that circumstance to seek additional time from the landlord before an action for termination is filed.
Our experience shows that timely notification of the landlord of a temporary delay in a state payment often prevents termination of the tenancy even before court proceedings.
Subletting and transfer of the dwelling to third parties
Letting part of the dwelling to a subtenant without the landlord’s written consent may constitute grounds for termination of the tenancy; therefore any arrangement for shared occupancy or subletting should be recorded in writing in advance.
Our experience shows that tenants who request the landlord’s consent in writing in advance avoid disputes over unauthorized subletting even years after a new occupant moves in.
Typical mistakes by tenants facing the threat of eviction
The most common mistake is ignoring a notice of termination in the hope that the matter will resolve itself, thereby missing the two-month period for settling the debt.
Another widespread problem is attempting to agree with the landlord orally, without written confirmation of the arrangements, which is subsequently difficult to prove in court.
Our experience shows that clients who consult a lawyer immediately after receiving a termination notice, rather than after the first court hearing, retain their housing significantly more often.
Härteeinwand: objection to termination on social hardship grounds
Even where termination is formally justified, a tenant may file a written hardship objection (Härteeinwand) if eviction would create disproportionately severe consequences for the family. This concerns cases involving small children, serious illness, or advanced age.
The objection must be filed no later than two months before the end of the contractual term and must state specific circumstances, not general phrases about the inconvenience of moving.
Our experience shows that courts take such objections into account more often when they are accompanied by medical certificates, documents on children’s attendance at a local school, or other objective evidence.
What happens at the stage of an eviction action (Räumungsklage)
If the tenant does not vacate the dwelling voluntarily after the termination period has expired, the landlord is obliged to bring an eviction action in court — the landlord is not entitled to clear the apartment independently.
The court schedules a hearing at which the tenant may present objections, including arguments as to the invalidity of the termination or grounds for a stay of enforcement of the judgment.
An expert perspective on protecting tenants’ rights
An analysis of our cases shows that timely written correspondence with the landlord — by email or registered letter — becomes decisive evidence in most eviction disputes.
We recommend retaining all payment receipts and correspondence for at least three years, as this is the period that most frequently arises in disputes concerning arrears and housing quality.
International Law Firm "Zahist" has a representative office in Germany and assists tenants in obtaining protection against eviction under Mietrecht — from challenging unjustified termination to negotiations with the landlord and representation in court.
Every tenancy dispute has its own particular features — the grounds for termination, the amount of debt, the condition of the premises — and therefore a preliminary consultation helps select the appropriate defence strategy.
The earlier a tenant seeks protection against eviction under Mietrecht, the greater the chances of retaining the housing and avoiding unjustified penalties upon vacating the premises.
