An Eviction Letter (Kündigungsschreiben) is a crucial legal document in German property law, used when a landlord needs to formally terminate a tenancy agreement and require the tenant to vacate the property. It must be drafted in strict compliance with the German Civil Code (BGB) and related tenancy laws, which provide strong tenant protections. This document is typically used in cases of serious lease violations, non-payment of rent, or other legally justified reasons for termination. The letter must include specific components such as clear identification of parties and property, explicit grounds for eviction, proper notice periods, and formal delivery requirements. It serves as the first formal step in the legal process of removing a tenant from a property and may be required for subsequent legal proceedings if the tenant fails to comply.
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1. Sender Details: Full name and address of the landlord or property manager
2. Recipient Details: Full name and address of the tenant(s)
3. Date: Current date of the letter
4. Property Information: Complete address and description of the rental property
5. Notice of Termination: Clear statement of termination and the specific type (ordinary or extraordinary termination)
6. Legal Grounds: Specific legal basis for eviction under German law (e.g., reference to relevant BGB sections)
7. Termination Date: Clear specification of when the tenant must vacate the property, considering legal notice periods
8. Property Handover Requirements: Instructions for returning keys and property condition expectations
9. Signature: Landlord's or authorized representative's signature
1. Rent Arrears Details: Include when eviction is due to unpaid rent, specifying amounts and periods
2. Property Damage Description: Include when eviction is related to property damage, detailing the damages
3. Previous Warnings: Reference to previous warnings or notices if relevant to the eviction cause
4. Payment Instructions: Include when outstanding payments need to be addressed
5. Legal Consequences: Optional explanation of legal consequences if tenant fails to comply
6. Alternative Resolution Offer: Include when offering possibility for resolution before eviction proceeds
1. Previous Correspondence: Copies of relevant previous warnings or notices
2. Rent Payment History: Documentation of missed payments if relevant
3. Photographic Evidence: Photos of damage or lease violations if applicable
4. Witness Statements: Any third-party statements supporting the eviction grounds
5. Lease Agreement: Copy of the original lease agreement for reference
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