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.

1. Terminating an Open-Ended Commercial Lease If a commercial lease is concluded for an indefinite term (or a fixed-term lease is void due to form defects):

• 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:

• 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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