Notice to Remedy Breach Template for Germany

A Notice to Remedy Breach is a formal warning letter that gives someone a chance to fix a contract violation before facing serious consequences. Under German civil law (BGB), this notice, called an "Abmahnung," plays a crucial role in both business and rental relationships by clearly stating what went wrong and how to make it right.

The notice must specify the exact breach, outline the required corrections, and set a reasonable deadline for compliance - typically 14 days in most German business contexts. It serves as an important legal step before taking stronger actions like contract termination or seeking damages, protecting both parties' rights while encouraging practical solutions to contract disputes.

Send a Notice to Remedy Breach when your business partner, tenant, or contractor violates important contract terms and you want to maintain the relationship while fixing the problem. Common triggers include missed rent payments, unauthorized property modifications, or failure to deliver goods according to specifications under German commercial contracts.

This formal notice becomes essential before taking more serious legal steps like contract termination or court action. German law requires giving the breaching party a fair chance to correct issues first. Sending this notice (Abmahnung) protects your legal position and often resolves disputes without costly litigation, especially when dealing with fixable problems like late payments or minor contract violations.

• Employment-Related Notice: Used for workplace violations like attendance issues or performance problems - requires specific details about the misconduct and clear steps for improvement
• Commercial Contract Notice: Addresses business agreement breaches, focusing on delivery delays, quality issues, or payment defaults
• Residential Lease Notice: Handles tenant violations like unpaid rent or unauthorized alterations, following strict German tenant protection laws
• Service Agreement Notice: Targets service quality or timeline violations, outlining specific performance metrics that weren't met
• Construction Contract Notice: Deals with building project breaches, detailing timeline delays or material specification violations

• Landlords and Property Managers: Issue notices for rental agreement violations, unpaid rent, or property damage
• Business Owners: Send notices to suppliers, contractors, or business partners who breach commercial agreements
• HR Departments: Draft notices for employee conduct or performance issues under German labor law
• Legal Counsel: Review and refine notices to ensure compliance with German civil code requirements
• Contract Managers: Monitor breaches and coordinate the notice process in large organizations
• Recipients: Parties who receive the notice and must address the specified violations within the given timeframe

• Contract Review: Gather the original contract and document all specific violations with dates and details
• Evidence Collection: Compile proof of breaches, including emails, photos, or payment records
• Timeline Documentation: Note when violations occurred and any previous communications about the issue
• Remedy Requirements: Clearly outline what actions must be taken to fix the breach
• Deadline Setting: Determine reasonable timeframes for correction under German law (typically 14 days)
• Delivery Method: Choose proper notification method - registered mail (Einschreiben) is recommended for legal proof
• Document Generation: Use our platform to create a legally compliant notice that includes all required elements

• Party Details: Full legal names and addresses of both the sender and recipient
• Contract Reference: Specific details of the original agreement, including date and contract number
• Breach Description: Clear, factual statement of the specific violations and when they occurred
• Required Remedy: Precise actions needed to correct the breach
• Compliance Deadline: Clear timeframe for rectifying the breach (usually 14 days in Germany)
• Legal Consequences: Statement of potential actions if breach remains uncorrected
• Signature Section: Date, place, and authorized signature of the notice sender
• Delivery Method: Specification of how notice is being served (typically registered mail)

A Notice to Remedy Breach differs significantly from a Notice of Termination in both purpose and timing within German legal practice. While both documents address contract violations, they serve distinct functions in business relationships.

• Primary Purpose: A Notice to Remedy Breach aims to preserve the relationship by giving the breaching party a chance to correct issues, while a Notice of Termination ends the relationship immediately or within a specified period
• Timing of Use: The Remedy notice typically comes first as a warning, often required by German law before termination can be pursued
• Legal Consequences: A Remedy notice keeps contractual obligations alive with a correction period, whereas Termination permanently ends them
• Required Content: Remedy notices must detail specific corrections needed and timeframes, while Termination notices focus on final dates and wrap-up procedures