Bavaria Eviction Process: Notice Periods, Grounds, and Court Procedures

Germany provides some of the strongest tenant protections in the world, and Bavaria reinforces these with additional safeguards in cities with tight housing markets. Evicting a residential tenant is a tightly regulated, often lengthy process that landlords must with precision.

Ordinary Termination (Ordentliche Kündigung, § 573 BGB)

A landlord may only terminate an open-ended residential lease if they can demonstrate a legitimate interest (berechtigtes Interesse). The three recognized grounds are:

1. Personal Use (Eigenbedarf)

The landlord needs the apartment for themselves, their household members, or close family. The termination letter must contain a detailed, credible explanation of the specific need. Fabricated claims of personal use can lead to significant damages.

2. Material Breach by Tenant This includes persistent late rent payments, disturbance of other tenants (Hausfriedenstörung), unauthorized subletting, or neglect of the property. In most cases, a prior written warning (Abmahnung) is required before termination.

3. Economic Exploitation

The landlord would suffer significant economic disadvantage by continuing the tenancy - this ground rarely succeeds in court.

Notice Periods Notice periods scale with tenancy duration under § 573c BGB:

The notice must reach the tenant by the 3rd business day of a calendar month for that month to count toward the notice period.

Bavaria's Extended Moratorium (Kündigungssperrfrist)

When a rented apartment is converted into a condominium and sold, the new owner cannot immediately evict the existing tenant for personal use:

• The standard federal moratorium is 3 years (§ 577a BGB)
• In 203 designated Bavarian municipalities with tight housing markets, under the Bayerische Mietwohnungs-Schutzverordnung (BayMiSchuV), this extends to 10 years

This is particularly relevant in Munich, where condominium conversions are common.

Immediate Termination Without Notice (§ 543 BGB)

In cases of serious breach, landlords may terminate without any notice period. The most common ground is rent arrears:

• The tenant is in arrears for two consecutive months with the full rent or a significant portion
• The tenant accumulates arrears totaling two months' rent over a longer period

The "Grace Period" Rule (Schonfristzahlung)

Even after a valid immediate termination, a residential tenant can cure the termination by paying the full outstanding amount within two months of being served with the eviction lawsuit (§ 569(3) BGB)

This cure right:

• Can only be used once every two years
• Does not apply to commercial tenants
• Best practice: Always serve an ordinary termination alongside the extraordinary one as a fallback

The Court Eviction Process If

a tenant refuses to leave after a valid termination, self-help eviction is strictly prohibited (changing locks, cutting utilities, etc. is a criminal offense)

The legal process is:

1. File an eviction lawsuit (Räumungsklage) at the competent local court (Amtsgericht)
2. Obtain a court judgment - typically takes 6 to 12 months
3. Enforce with a bailiff (Gerichtsvollzieher) - using the court order, a bailiff physically removes the tenant (often using the "Berlin Model" to reduce moving costs)

Tenant's Right to Object (Hardship Clause, § 574 BGB)

A tenant may object to an ordinary termination if eviction would constitute undue hardship that outweighs the landlord's legitimate interest. This hardship protection does not apply to extraordinary terminations under § 543 BGB. Common hardship grounds include:

• Advanced age or serious illness
• Pregnancy or young children
• No comparable replacement housing available (frequently invoked in Munich)

The court balances the interests of both parties on a case-by-case basis.

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