Rent arrears are Germany's most common termination ground – and the one with the most procedural traps.

"Good cause exists in particular where the tenant is in default on two successive dates with payment of the rent or a not insignificant part of it, or, over a period spanning more than two dates, is in default in an amount reaching two months' rent."

— § 543 (2) no. 3 BGB (translated)

The thresholds

Summary termination is possible with: (a) arrears from two consecutive months exceeding one month's rent, or (b) accumulated arrears of two months' rent. For housing, "not insignificant" means more than one month's rent across two consecutive dates (§ 569 (3) no. 1 BGB).

The cure payment

If the tenant (or the benefits office) pays in full within two months of service of the eviction claim, the summary termination becomes ineffective (§ 569 (3) no. 2 BGB) – but per settled Federal Court case law not the auxiliary ordinary termination (VIII ZR 6/19). Hence the golden rule: always terminate summarily and, in the alternative, ordinarily.

Clean procedure

  1. Quantify the arrears precisely (month, amount) – the notice must name them concretely.
  2. Written form with provable delivery (courier, witnessed letterbox drop).
  3. Don't "use up" the termination: accepting future rent without reservation can neutralise it – accept only under reservation.