Eviction process in brandenburg, germany

German tenancy law provides strong eviction protection (Kündigungsschutz) for residential tenants. The primary legislation governing these processes is the German Civil Code (Bürgerliches Gesetzbuch - BGB), which came into effect on 1 January 1900, alongside the Code of Civil Procedure (Zivilprozessordnung - ZPO). Unlike commercial leases, landlords in Brandenburg cannot easily terminate residential lease agreements without cause. We explain the permissible reasons for termination and the legal eviction process.

Extraordinary Termination (Without Notice)

An extraordinary termination without notice (fristlose Kündigung) is only permissible for an "important reason" (§ 543 BGB). This implies that continuing the tenancy until the end of the regular notice period is unreasonable for the landlord.

The most common reasons for immediate termination are:

• Rent Arrears: The tenant is in default with the rent (or a significant portion exceeding one month's rent) for two consecutive payment dates, or they have accumulated rent arrears totaling two months' rent over a longer period.
• Breach of Contract: Significant contractual breaches despite a prior warning letter (Abmahnung), such as unauthorized commercial use of the apartment or massive noise disturbances.
• Unauthorized Subletting: The tenant sublets the apartment to a third party without permission.

Important: If a tenant pays off the entire outstanding debt promptly after receiving a termination notice for rent arrears (known as a "grace period payment" or Schonfristzahlung), the immediate termination becomes invalid. However, this legal loophole can only be used by the tenant once every two years.

Ordinary Termination (With Notice)

For a regular termination, the landlord requires a "legitimate interest" (berechtigtes Interesse) in ending the tenancy (§ 573 BGB). The most critical reasons are:

1. Personal Use (Eigenbedarf): The landlord needs the apartment for themselves, their close family members, or members of their household. This is the most common reason for landlord termination.
2. Economic Exploitation: The landlord can realize significantly better economic value from the property, and continuing the lease would severely disadvantage them (e.g., a planned total demolition and rebuild).
3. Substantial Breach of Contract: The tenant has culpably and significantly violated their contractual duties (often a precursor to an immediate termination, e.g., continuously late rent payments despite warnings).

Statutory Notice Periods (Ordinary Termination)

The required notice period for a landlord's termination (§ 573c BGB) depends on how long the tenant has lived in the property:

The termination notice must be received by the tenant no later than the third working day of a calendar month for that month to be counted within the notice period.

Tenant's Right of Objection (Hardship, § 574 BGB)

The tenant's right to object to an ordinary termination is based on the concept of "unjustifiable hardship" (unzumutbare Härte). This means that ending the lease would cause severe disadvantages for the tenant, their family, or another member of their household, which cannot be justified even when considering the landlord's legitimate interests (§ 574 BGB).

Recognized grounds for hardship include, but are not limited to:

• Old age: Especially when combined with deep roots in the social environment.
• Severe or chronic health issues/need for care: Where moving would significantly jeopardize health.
• Pregnancy.
• Lack of alternative affordable housing: If the tenant cannot find suitable replacement housing under reasonable conditions.
• School-aged children: For whom a change of school would be unreasonable.

Important Note: This right of objection applies only to ordinary terminations. An immediate termination without notice (fristlose Kündigung) cannot be averted by claiming hardship.

Deadline for Objection: The tenant must submit their objection in writing to the landlord no later than two months before the expiry of the notice period (§ 574b Abs. 1 BGB). If the landlord fails to inform the tenant of their right to object and the deadline in the termination letter, the objection period is extended.

The Eviction Process in Brandenburg

If the tenant refuses to move out after the notice period expires or following an immediate termination, the landlord cannot forcibly throw them out on their own. Instead, the landlord must follow the legal process:

1. Eviction Lawsuit: After the notice period ends, the landlord must file an eviction lawsuit (Räumungsklage) at the local district court (Amtsgericht) where the property is located in Brandenburg.
2. Court Proceedings: The court assesses whether the termination is legally valid. This usually involves an oral hearing and, if necessary, witness testimonies.
3. Eviction Title: If the court rules in favor of the landlord, it issues an eviction judgment (Räumungsurteil).
4. Enforced Eviction via Bailiff: If the tenant still refuses to vacate, the landlord must hire a court bailiff (Gerichtsvollzieher). Only the bailiff is legally authorized to physically execute the eviction and change the locks (often done via the "Berlin Eviction" method, where the tenant's belongings are left inside and dealt with later via landlord's lien).

An eviction process in Brandenburg can drag on for many months and incur substantial legal costs.

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