Wegweiser Debtors · Ways out of debt Deutsch

🏠 Housing and rent arrears

When a landlord may terminate without notice over rent arrears, and how the two-month grace period can make the termination ineffective.

rent arrears termination without notice grace period eviction action payment default loss of home

In brief

If you are behind with the rent, the landlord can terminate without notice. This is possible if you are in default for two consecutive payment dates, or if arrears amount to two months' rent over a longer period.

If, after an eviction action has been filed, you pay everything outstanding within two months, the termination without notice becomes ineffective (grace period). Turn to advice early and, if possible, to the Jobcenter or Sozialamt (social welfare office).

Step by step

  1. Do not waitTalk to the landlord and an advice service early.
  2. Check the termination and the actionNote the date the eviction action was served.
  3. Pay off the arrears within the periodRent and compensation for use within two months after the action becomes pending.
  4. Have help checkedWhether authorities take over rent arrears is clarified by advice in the individual case.

Deadlines

2 consecutive payment dates
Termination without notice for payment default; alternatively arrears of two months' rent over a longer period.§ 543 Abs. 2 Nr. 3 BGB
2 months
After the eviction claim becomes pending, the arrears must be settled for the termination to become ineffective.§ 569 Abs. 3 Nr. 2 BGB
Watch out – common mistakes
  • The grace period does not apply if, in the last two years, a termination under this rule was already made ineffective by payment.
  • The grace period relates to termination without notice; for ordinary termination it does not apply without more.
  • Rent arrears in insolvency: details on the termination bar and insolvency proceedings not checked here.
  • An eviction order can be enforced; keep all deadlines.
  • Arrears are only significant if they exceed one month's rent (§ 569 Abs. 3 Nr. 1 BGB).
  • If the landlord is paid before the termination is received, it lapses; it is likewise ineffective if the tenant promptly invokes a set-off (§ 543 Abs. 2 Satz 2 und 3 BGB).
In depth · legal basis, figures and practice – for advisers and professionals

Termination

Under § 543 Abs. 2 Nr. 3 BGB there is good cause if the tenant is in default with payment of the rent, or a not insignificant part of it, for two consecutive dates, or in a period covering more than two dates with an amount equal to two months' rent. Arrears are only significant if they exceed one month's rent (§ 569 Abs. 3 Nr. 1 BGB). The termination lapses if the landlord is paid before the termination is received, and is ineffective if the tenant promptly invokes a set-off (§ 543 Abs. 2 Satz 2 und 3 BGB).

Grace period

Under § 569 Abs. 3 Nr. 2 BGB the termination becomes ineffective if, by the end of two months after the eviction claim becomes pending, the landlord is paid the rent due and the compensation due under § 546a Abs. 1. This does not apply if the termination was preceded by another termination that became ineffective because of payment (within two years).

Who is responsible
  • Amtsgericht (local court) (eviction action)
  • Tenants' association (Mieterverein) and debt counselling
  • Jobcenter or Sozialamt (review of takeover, individual case)
Further reading
Debt counselling: the first stepAdvice and points of contact

Quick questions

Worum geht es bei „Housing and rent arrears“?
When a landlord may terminate without notice over rent arrears, and how the two-month grace period can make the termination ineffective.
Which deadlines and figures matter?
  • 2 consecutive payment dates: Termination without notice for payment default; alternatively arrears of two months' rent over a longer period. (§ 543 Abs. 2 Nr. 3 BGB)
  • 2 months: After the eviction claim becomes pending, the arrears must be settled for the termination to become ineffective. (§ 569 Abs. 3 Nr. 2 BGB)
What should I do first?
  • Do not wait: Talk to the landlord and an advice service early.
  • Check the termination and the action: Note the date the eviction action was served.
  • Pay off the arrears within the period: Rent and compensation for use within two months after the action becomes pending.
What do I need to watch out for?
  • The grace period does not apply if, in the last two years, a termination under this rule was already made ineffective by payment.
  • The grace period relates to termination without notice; for ordinary termination it does not apply without more.
  • Rent arrears in insolvency: details on the termination bar and insolvency proceedings not checked here.
Evidence
  • Gesetze im Internet, BGB § 543, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 569, retrieved 20 September 2026
  • Bundesarbeitsgemeinschaft Schuldnerberatung, bag-sb.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.