Fragen & Antworten

What can you do if the tenant does not pay the rent?

Generally, rent can be enforced at court. If the tenant is in no way willing to pay and if the tenant is in arrear with more than one month´s rent, the legislator offers the landlord to file a lawsuit for rent payment or action for eviction. Further legitimate reasons for an action for eviction are the detrimental use of the flat by the tenant or if he/she acts in a grossly inappropriate manner.

If the grounds for cancellation of rent contract or action for eviction are legitimate (e.g. being in arrear with the rent), the court will confirm the cancellation and eviction. If the tenant pays his/her debts until the end of the proceedings and if he/she is not grossly liable for the arrears of rent, he/she can avoid the cancellation of the rent contract, resp. the eviction.

If the tenant does not move out despite a legally valid eviction order, the landlord can request an eviction which the tenant has to pay for. If this is approved, the tenant will be evicted.

Fragen und Antworten zu allen Rechtsthemen