Behind on rent and facing eviction? You may still be able to undo it.

Falling behind on rent in Germany can end a tenancy faster than people expect: two months of arrears can justify termination without notice. But the process after that is slower and more protective than its reputation. A landlord cannot put you on the street themselves, and German law gives tenants a way to undo the termination by paying, once, if they act in time.

1. When arrears justify termination

A landlord may terminate without notice (§ 543(2) no. 3 BGB) when you are behind:

• on two consecutive payment dates, by more than one month's rent in total, or
• over a longer period, by an amount that reaches two months' rent.

"Rent" here means the full monthly payment including the advance for running costs. For flats, being short by less than one month's rent across two dates is not enough (§ 569(3) BGB).

A common way into arrears is a rent reduction for defects that turns out to be too high. If you have been paying less because something in the flat is broken, get the size of the reduction checked before the difference adds up.

2. Paying it off: the two-month window

This is the most important rule in the whole topic. A termination for arrears becomes ineffective if the landlord receives everything owed, or a public body such as the Jobcenter or the social welfare office commits to paying it, within two months of the eviction lawsuit being served on you (§ 569(3) no. 2 BGB).

It works only once in two years: if a previous termination was cured the same way within the last two years, it is not available again. And "everything" means the full arrears due at that point, not a payment plan.

3. Why landlords send two terminations

Termination letters for arrears usually contain a termination without notice and, "alternatively", an ordinary termination with the normal notice period. That is deliberate. The Federal Court of Justice has held that paying within the two-month window cures the termination without notice, but not the ordinary one sent alongside it.

So paying is essential but may not end the matter. Whether the ordinary termination holds depends on the circumstances, including how the arrears arose and whether you were at fault. This is exactly the point to put to a lawyer or your tenants' association, with the letter in hand.

4. What a landlord cannot do

Changing the locks, removing your belongings, cutting the water or electricity to force you out: a landlord may not evict you by their own hand. That is unlawful interference with your possession (§ 858 BGB), and depending on how it is done it can also be a crime. The only lawful route is a court judgment enforced by a bailiff (Gerichtsvollzieher).

5. From lawsuit to bailiff

• The lawsuit (Räumungsklage) arrives from the court with short deadlines, often two weeks, to say whether you will defend. Missing them can lead to a default judgment. The date it was served also starts the two-month payment window.
• The judgment. A court ordering you to leave can grant a period to find somewhere else (Räumungsfrist), in total up to one year (§ 721 ZPO). Ask for it; it is not always granted automatically.
• Enforcement. The bailiff gives notice of the eviction date. In exceptional hardship, such as serious illness, a court can pause enforcement (§ 765a ZPO).

6. Who can pay the arrears

If you cannot pay yourself, the Jobcenter or the social welfare office can take over rent arrears where this is needed to keep your home, usually as a loan (§ 22(8) SGB II). A written commitment from them within the two-month window counts, even before the money arrives. Courts notify these offices when an eviction lawsuit over arrears is filed, but don't wait for them to contact you. Go and apply.

A tenants' association (Mieterverein) is the cheapest first stop for checking the letter. Many offer advice in English.

7. What to do this week