Rent arrears and Mahnung: what to do as a landlord
What to do when the rent does not arrive, and when you can send a Mahnung (formal reminder), charge interest or end the lease.
If the tenant has not paid by the third working day, they are automatically in default from the fourth working day. Send a Mahnung anyway, with the exact amount, the late-payment interest and a final deadline.
What to do about rent arrears, step by step
Each step builds on the one before. You do not have to send a Mahnung, but it records the arrears.
- 1
When the rent is due
Rent is due by the third working day at the latest. Saturdays do not count.
- 2
Default starts on its own
From the fourth working day, the tenant is in default. You do not need to send a Mahnung for that.
- 3
Send a Mahnung
State the exact amount, the late-payment interest and a final deadline.
- 4
Charge late-payment interest
Late-payment interest is 5 percentage points above the base rate.
- 5
When you can end the lease without notice
You can do this if the tenant owes more than one month's rent over two rent due dates in a row, or two months' rent over a longer period.
- 6
Apply for a Mahnbescheid
If the tenant still does not pay, apply to the court for a Mahnbescheid (court payment order).
Why this matters
Under § 556b Abs. 1 BGB, rent is due by the third working day at the latest. Because that date is fixed by the calendar, the tenant is in default without a Mahnung under § 286 Abs. 2 Nr. 1 BGB.
General information, not legal advice.
Frequently asked questions
Do I need to send a Mahnung before I end the lease without notice?
No, you do not need to send a Mahnung before you end the lease without notice for rent arrears. The tenant is automatically in default from the fourth working day anyway.
What is a Schonfristzahlung (grace-period payment), and what does it do?
A Schonfristzahlung is when the tenant pays all arrears within two months of being served the eviction claim. Your termination without notice then becomes void (§ 569 Abs. 3 Nr. 2 BGB), unless this already happened in the last two years. If you also gave notice with the normal notice period as a fallback, that notice usually stays valid, according to the BGH.
What is a Mahnbescheid and when is it worth it?
A Mahnbescheid is the first step of the court payment procedure (§ 688 ZPO). If the tenant does not object, you quickly get a court order you can enforce. It is worth it mainly when the claim is not disputed.
Also in this topic: Mängelanzeige from a tenant: what must the landlord do?Hoarded flat or eviction: record the conditionLimitation under § 548 BGB: six months for damage claimsWhen may a landlord enter the rented flat?
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