Real Eviction Notice Template for Germany

A Real Eviction Notice is your legal instrument for formally terminating a tenancy agreement in Germany and requiring tenants to vacate your rental property. Under German law, this document must comply with stringent requirements set forth in the German Civil Code (BGB) to protect tenant rights while allowing legitimate landlord interests.

When do you need this document?

You need a Real Eviction Notice when tenants have materially breached their lease terms, such as persistent non-payment of rent, unauthorized subletting, or property damage. It's also required when you have legitimate personal use (Eigenbedarf) for the property, need to conduct extensive renovations, or when tenants violate house rules repeatedly. The document is essential for cases where ordinary termination is justified under § 573 BGB due to legitimate landlord interests, or extraordinary termination under § 543 or § 569 BGB for serious breaches.

Key legal considerations

Your eviction notice must include specific mandatory elements to be legally valid. You must clearly identify all parties, the rental property, and state unambiguous termination language. The legal grounds must be precisely cited with reference to relevant BGB sections, and you must provide detailed factual justification for the termination. Notice periods are critical - they range from immediate termination for severe breaches to three to twelve months for ordinary terminations, depending on tenancy duration. The document must be served properly, typically by registered mail or personal delivery with proof of receipt. Remember that tenants have strong objection rights under § 574 BGB, particularly for hardship cases, social considerations, or when children's welfare is involved.

Legal requirements in Germany

German tenancy law requires strict compliance with formal requirements under § 568 BGB, mandating written form for all terminations. For extraordinary termination with immediate effect, you must prove serious breaches that make continued tenancy unreasonable, such as significant rent arrears exceeding two months or substantial property damage. Ordinary terminations require legitimate landlord interests, most commonly Eigenbedarf (personal use), which must be genuine and detailed. Notice periods under § 573c BGB are three months for tenancies up to five years, six months for five to eight years, and nine months for longer tenancies. The notice must be served by the last day of a calendar month to terminate at month-end. Additionally, you must consider tenant protection provisions, including hardship objections, seasonal restrictions, and special protections for vulnerable tenants or families with children.