Räumungsklage for Rent Arrears: 2026 Guide
Räumungsklage for Rent Arrears
Terminate without notice first, then sue for possession, only the bailiff may evict.
Termination without notice is available from arrears exceeding two months' rent, or two consecutive dates totalling more than one month's rent (§ 543 Abs. 2 Nr. 3, § 569 Abs. 3 BGB): best paired with an ordinary termination in the alternative.
§ 543 Abs. 2 Nr. 3 BGBIn 60 seconds
You may terminate without notice where the tenant is in default on two consecutive dates by more than one month's rent, or the arrears in total exceed two months' rent (§ 543 Abs. 2 Nr. 3, § 569 Abs. 3 Nr. 1 BGB).
Pair the termination without notice with an ordinary one as a fallback (§ 573 Abs. 2 Nr. 1 BGB), otherwise the grace payment cures the whole thing.
Never evict yourself: changing locks, cutting power or putting furniture out is prohibited self-help (§ 858 BGB), a criminal offence, and gives the tenant a damages claim.
Only the bailiff may evict, and only with a possession order.
From filing to eviction usually takes six to twelve months; the value in dispute is generally a year's net rent.
What the law says
An important ground for termination without notice exists in particular where the tenant is in default on two consecutive dates in paying the rent or a not insignificant part of it, or, over a period spanning more than two dates, is in default by an amount reaching two months' rent. Working translation; the German original is the binding text.
What it costs and how long it takes
| Item | Order of magnitude |
|---|---|
| Duration (filing to eviction) | usually 6–12 months |
| Court and legal fees | by value in dispute (usually a year's net rent); at ~€6,000 often €3,000–6,000 in total |
| Bailiff (classic eviction) | several thousand euros including clearance and storage |
| Bailiff (Berlin-style eviction, § 885a ZPO) | from about €300 advance, considerably cheaper |
On the grace payment: where the tenant pays the whole arrears within two months of service of the claim, the termination without notice becomes ineffective (§ 569 Abs. 3 Nr. 2 BGB).
Related: Reminders for rent arrears and Termination by the landlord.
What it means for each side
- The grace payment can cure a termination without notice, but only once in two years.
- It does not usually cure an ordinary termination given in the alternative.
- You do not have to put up with a self-help eviction by the landlord (§ 858 BGB).
- Check the itemised arrears before acknowledging anything.
- Document default and arrears cleanly before terminating.
- Terminate without notice, with an ordinary termination as a fallback.
- Set a deadline to vacate before you sue.
- With the order, instruct the bailiff: never yourself.
Common mistakes
Changing locks, cutting power, putting furniture out, prohibited self-help (§ 858 BGB), a criminal offence, and gives the tenant a damages claim.
Without an ordinary termination as a fallback, the grace payment cures the whole thing.
Below § 543 Abs. 2 Nr. 3 BGB the termination does not hold.
They are then hard to prove in the proceedings.
What to do next
Document the reminder and the default: due date, receipt, amount outstanding.
Terminate without notice, with an ordinary termination as a fallback, once the threshold is reached.
Demand possession with a deadline.
If they do not leave: file the claim, obtain the possession order and instruct the bailiff.
Frequently asked questions
At what level of arrears can I terminate without notice for non-payment?
You may issue a fristlose Kündigung (immediate termination) when the tenant is in arrears across two consecutive due dates by more than one month's rent (§ 543 Abs. 2 Nr. 3 a, § 569 Abs. 3 Nr. 1 BGB), or reaches arrears exceeding two months' rent over a longer period (§ 543 Abs. 2 Nr. 3 b BGB). No prior Mahnung (formal reminder) is required, but the arrears should be cleanly documented.
How long does a Räumungsklage take?
In practice six to twelve months, from filing to the actual eviction. The duration depends on the Amtsgericht's caseload, any defence by the tenant, a granted Räumungsfrist (grace period to vacate, § 721 ZPO, up to one year) and the subsequent Zwangsvollstreckung (enforcement).
What is a Schonfristzahlung?
If the tenant pays the entire arrears within two months of the Räumungsklage being served, or a public body such as the Jobcenter commits to paying, the fristlose Kündigung becomes invalid (§ 569 Abs. 3 Nr. 2 BGB). This does not apply if the tenant already used this cure in the previous two years. An ordentliche Kündigung issued as a fallback at the same time generally survives, per BGH case law.
What does a Räumungsklage cost?
Costs depend on the Streitwert (amount in dispute, usually the annual net rent) and cover court, lawyer and enforcement fees. At a Streitwert of roughly €6,000 they often run €3,000–€6,000. Gerichtsvollzieher (bailiff) costs start around €300 and rise sharply for a full clearance. You advance the costs; the losing tenant must reimburse them, if there is anything to collect.
What is the Berliner Räumung?
The Berliner Räumung is a limited enforcement order under § 885a ZPO: you limit the Zwangsvollstreckung to regaining possession of the flat, sparing yourself the costly removal and storage of the tenant's belongings by the Gerichtsvollzieher. You assert your Vermieterpfandrecht (landlord's lien); the bailiff documents the items found. This significantly lowers the advance you must pay.
Can I remove the tenant from the flat myself?
No. Changing the locks, cutting the power or putting belongings out is verbotene Eigenmacht (unlawful self-help, § 858 BGB). A 'kalte Räumung'. It is a criminal offence and makes you liable for damages. Only the Gerichtsvollzieher may evict, on the basis of a Räumungstitel (§ 885 ZPO).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.