Räumungsklage for rent arrears: the steps in order
How to end the tenancy, file a Räumungsklage (eviction claim) and have the flat cleared lawfully when your tenant does not pay the rent.
Once the tenant owes two months' rent, terminate without notice and, as a fallback, with ordinary notice. Then sue at the Amtsgericht (local court). Only the bailiff can clear the flat, never you.
How a Räumungsklage works, step by step
The process has fixed steps. Expect six to twelve months from filing the claim to the eviction.
- 1
Record the unpaid rent
Note exactly which rent payments are missing and when each one was due.
- 2
Terminate without notice
You can terminate without notice once the tenant owes two months' rent, or when more than one month's rent is missing on two due dates in a row.
- 3
Add ordinary notice as a fallback
At the same time, terminate with ordinary notice. Then a later payment by the tenant cannot undo the whole termination.
- 4
Set a deadline to move out
Before you sue, set a date by which the tenant must move out.
- 5
File the claim at the Amtsgericht
If the tenant does not move out, file the Räumungsklage. The judgment gives you a Räumungstitel (eviction order).
- 6
The bailiff clears the flat
The Gerichtsvollzieher (bailiff) enforces the Räumungstitel and clears the flat.
Why this matters
Under § 543 Abs. 2 Nr. 3 BGB, you can terminate without notice when the tenant owes two months' rent. You are still not allowed to clear the flat yourself. That is prohibited self-help under § 858 BGB.
General information, not legal advice.
Frequently asked questions
Can I evict the tenant myself?
No, you cannot evict the tenant yourself. Changing the locks, cutting off the power or putting the furniture outside is prohibited self-help (§ 858 BGB) and a criminal offence. Only the Gerichtsvollzieher can clear the flat, and only with a Räumungstitel.
What is a Schonfristzahlung?
A Schonfristzahlung (grace-period payment) is when the tenant pays all the rent they owe within two months of the claim being served. The termination without notice then becomes invalid (§ 569 Abs. 3 Nr. 2 BGB). This only works once in two years, and the fallback ordinary termination usually stays in force.
What does a Räumungsklage cost?
The cost of a Räumungsklage depends on the Streitwert (amount in dispute), which is usually a year's net rent. With a Streitwert of about €6,000, the court, the lawyer and the enforcement often cost €3,000 to €6,000 together.
Also in this topic: Indexmiete: how to calculate a VPI increaseMieterhöhung in Germany: a landlord's guide 2026 (§ 558 BGB)Mietpreisbremse 2026: how much can the new rent be?Rent increase after modernisation: pass on 8%
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