Commercial Eviction Process in Bavaria, Germany

Terminating a commercial lease in Bavaria is fundamentally different from evicting a residential tenant. The extensive residential protections - such as requiring legitimate grounds, hardship defenses, and cure rights - largely do not apply in the commercial context. This legal framework is primarily governed by the German Civil Code (BGB), which has been in effect since 1 January 1900.

1. Terminating an Open-Ended Commercial Lease If a commercial lease is concluded for an indefinite term (or a fixed-term lease is deemed indefinite due to failure to meet the text form requirement):

• No grounds required: Unlike residential leases, the landlord does not need to demonstrate a legitimate interest - they may terminate without any reason
• Statutory notice period: Under § 580a(2) BGB, notice must be given by the 3rd business day of a calendar quarter, effective at the end of the next quarter (approximately 6 months)
• Contractual modifications: The parties may freely agree on shorter or longer notice periods in the lease

2. Fixed-Term Commercial Leases Most

Bavarian commercial leases are fixed-term (5-10 years), often with renewal options. For commercial leases with a fixed term exceeding one year, the agreement must be concluded in text form as of 1 January 2026, following the German Bureaucracy Relief Act IV (BEG IV). If the text form requirement is not met, the lease agreement is deemed to have been concluded for an indefinite period and can be terminated with the statutory ordinary notice period:

• No ordinary termination during the term: Both parties are bound for the full duration
• Early exit is only possible via extraordinary termination or a mutual termination agreement

3. Extraordinary Termination Without Notice (§ 543 BGB)

Regardless of lease type, a landlord may terminate immediately for serious breach:

Rent Arrears (Most Common Ground)

• Tenant is in arrears for two consecutive payment dates with the full rent or a significant portion, OR
• Accumulated arrears total two months' rent over a longer period

No Cure Right (Critical Difference)

Unlike residential tenants, commercial tenants cannot cure an extraordinary termination by paying the outstanding arrears:

• Once the termination letter is received, the lease is permanently terminated
• Even if the tenant pays the full arrears one day later, the termination stands
• This is one of the most significant differences between commercial and residential rental law in Germany

Other Grounds

• Seriously unauthorized use of the premises (e.g., illegal activity, major unauthorized alterations)
• Unauthorized subletting (after failed warning)

4. The Court Eviction Process If the commercial tenant refuses to vacate after valid termination:

1. File an eviction lawsuit (Räumungsklage) - typically at the Regional Court (Landgericht) if the amount in dispute exceeds €5,000 (virtually always the case for commercial properties)
2. Obtain a court judgment - commercial cases can take 6 to 18 months
3. Enforcement by bailiff (Gerichtsvollzieher) - the landlord may exercise landlord's lien (Vermieterpfandrecht, § 562 BGB) over the tenant's commercial inventory (equipment, furnishings, goods) left on the premises to secure outstanding rent claims

Important: Self-help eviction (changing locks, cutting utilities, removing tenant's property) is strictly prohibited and constitutes a criminal offense, regardless of how clear-cut the landlord's legal position may be.

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