Rent Arrears and Mahnung: A Landlord's Guide (2026)
Rent Arrears and Mahnung: A Landlord's Guide
From the fourth working day automatically, without any reminder from you (§ 286 Abs. 2 Nr. 1 BGB).
Rent falls due by the third working day of the month (§ 556b BGB). A reminder is not required, but it documents the default and is the precondition for claiming reminder costs.
§§ 556b, 286 BGBIn 60 seconds
Rent falls due by the third working day of the month (§ 556b Abs. 1 BGB); if the tenant does not pay they are automatically in default from the fourth working day, because the time for payment is fixed by the calendar (§ 286 Abs. 2 Nr. 1 BGB).
Saturdays do not count as working days, since bank transfers are not executed then: the third working day therefore often falls on the fourth or fifth calendar day.
Default interest is five percentage points over the base rate (§ 288 Abs. 1 BGB), from the day of default on the amount outstanding.
You may terminate without notice where two consecutive due dates leave more than one month's rent outstanding, or where arrears exceed two months' rent over a longer period (§ 543 Abs. 2 Nr. 3, § 569 Abs. 3 Nr. 1 BGB). No prior reminder is required.
If the tenant pays the whole arrears within two months of service of the eviction claim, the termination without notice becomes ineffective (§ 569 Abs. 3 Nr. 2 BGB), but only if they have not used that grace already in the past two years.
What the law says
Rent is payable at the beginning of each period, by the third working day (§ 556b Abs. 1 BGB). Where the time for performance is fixed by the calendar, the debtor falls into default without a reminder (§ 286 Abs. 2 Nr. 1 BGB). Together that means default arises automatically. Working translation; the German original is the binding text.
What level of arrears permits termination without notice?
| Situation | Requirement | Provision |
|---|---|---|
| Two consecutive due dates | Arrears of more than one month's rent | § 543 Abs. 2 Nr. 3 a, § 569 Abs. 3 Nr. 1 BGB |
| Over a longer period | Arrears reach more than two months' rent | § 543 Abs. 2 Nr. 3 b BGB |
On the grace payment: under BGH case law it cures the termination without notice but not an ordinary termination given at the same time in the alternative. Terminating both ways is therefore common practice.
Related: Eviction proceedings for rent arrears and Termination by the landlord.
What it means for each side
- Pay so that the rent reaches the landlord by the third working day.
- Check the itemised arrears before acknowledging anything.
- The grace payment cures a termination without notice, but only once in two years.
- It does not usually cure an ordinary termination given in the alternative.
- Record the due date, the receipt and the amount outstanding.
- Send a reminder even though default does not require one, without it you cannot claim reminder costs.
- Terminate without notice and, in the alternative, ordinarily.
- Evidence the arrears cleanly before you terminate.
Common mistakes
The third working day shifts, default begins later than you assume.
Below § 543 BGB a termination without notice does not hold.
Without an ordinary termination as a fallback, the grace payment cures the whole thing.
And miscalculating default interest, wrong base rate, wrong start date, makes the claim vulnerable.
What to do next
Establish default: record the due date, the receipt and the amount outstanding.
Send a payment reminder, then a formal reminder with itemised arrears, default interest and a final deadline.
Check whether the arrears reach the § 543 BGB threshold, then terminate without notice and ordinarily in the alternative.
If payment still does not come, apply for a payment order (§ 688 ZPO).
Frequently asked questions
When is a tenant in default (Verzug) on the rent?
Rent is due by the third business day of the month (§ 556b BGB). If the tenant does not pay on time, they fall into Verzug (default) automatically from the fourth business day onward, with no Mahnung required (§ 286 Abs. 2 Nr. 1 BGB), because the payment date is fixed by the calendar. Saturdays do not count as business days.
Do I have to send a Mahnung before taking legal steps?
For Verzug itself a Mahnung is not required, because the rent is due by the calendar (§ 286 Abs. 2 Nr. 1 BGB). A Mahnung (formal payment demand) is still advisable: it documents the arrears, gives the tenant a last chance to pay, and is the precondition for claiming Mahnkosten (collection costs). A termination without notice under § 543 BGB does not require a prior Mahnung either.
How large must the Mietrückstand be to terminate without notice?
You may terminate without notice if the tenant is in default on two consecutive due dates by an amount exceeding one month's rent (§ 543 Abs. 2 Nr. 3 a, § 569 Abs. 3 Nr. 1 BGB), or if over a longer period the arrears reach an amount exceeding two months' rent (§ 543 Abs. 2 Nr. 3 b BGB).
What is the Schonfristzahlung and how does it work?
If the tenant pays the entire Mietrückstand within two months after the eviction suit is served (or a public body settles the debt), the termination without notice becomes void (§ 569 Abs. 3 Nr. 2 BGB). This Schonfristzahlung (grace-period payment) only applies if it was not already used in the previous two years. Under BGH case law, a Schonfristzahlung generally does not cure an ordinary Kündigung issued in the alternative.
What Verzugszinsen (default interest) may I charge?
In a private tenancy you may charge Verzugszinsen of 5 percentage points above the base rate (§ 288 Abs. 1 BGB). The base rate is set by the Deutsche Bundesbank on 1 January and 1 July each year. In addition, you may claim the Mahnkosten (collection costs) you actually incurred.
What is a Mahnbescheid and when is it worth it?
The Mahnbescheid (court payment order) is the first step of the gerichtliches Mahnverfahren (judicial dunning procedure, § 688 ZPO). It is requested from the Mahngericht without the claim being examined on the merits and, if the tenant does not object, quickly produces an enforceable title. It is worth it above all when the claim is undisputed and the tenant simply does not pay.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.