March 18, 2026
Termination Without Notice for Rent Arrears: Your Rights, Even With Kids
Termination without notice over rent arrears is one of the most serious situations in German tenancy law — especially stressful when children live in the household. The good news: the law sets clear conditions here too, and gives you a way back.
When can a landlord terminate without notice?
Under Section 543(2) No. 3 BGB, a landlord can terminate without notice for payment default if the tenant
is in arrears for two consecutive payment periods with an amount exceeding one month's rent, or
is in arrears over a longer period with a total amount reaching two months' rent.
Having children in the household doesn't change these statutory conditions by itself — a landlord can generally terminate under these conditions regardless of the family situation. Still, before an eviction is actually carried out, courts weighing an eviction lawsuit do sometimes consider hardship factors, and young children can be one of them.
The lifeline: paying within the grace period
Under Section 569(3) No. 2 BGB, a termination without notice becomes ineffective if you pay off the full arrears plus any compensation for use within two months of being served the eviction lawsuit — or if a public agency (such as the local job center) commits to covering it. This so-called Schonfristzahlung (grace-period payment) is the most important lever for reversing a termination. It doesn't apply, though, if a termination was already healed this way within the past two years.
What to do if you've received the termination
Act immediately:
Contact your landlord right away and propose a payment plan — some landlords accept installments before it escalates to an eviction lawsuit.
Reach out to the job center or social welfare office if you can't pay due to financial hardship. These agencies can sometimes cover arrears.
See a tenants' association or a specialized lawyer to check whether the termination is even formally valid.
Keep a complete record of every payment and all communication with the landlord.
If the termination stands
If eviction genuinely looks likely, start searching for a new place in parallel instead of waiting until the last moment. Waitly's apartment search can help you find available listings quickly. For more on your basic rights as a tenant, see our guide on tenant rights in Germany.
Frequently Asked Questions
How much arrears allows a termination without notice?
Arrears exceeding one month's rent over two consecutive payment periods, or a total of two months' rent over a longer period.
Does having children protect me?
The statutory conditions for the termination itself don't change. But hardship factors like young children can play a role if an eviction is actually pursued.
Can I still reverse a termination without notice?
Yes, by paying the full arrears within two months of being served the eviction lawsuit (grace-period payment under Section 569(3) No. 2 BGB) — unless that remedy was already used in the past two years.
Where can I get help if I can't pay rent?
The job center, social welfare office, and local tenants' associations can help with payment difficulties and checking the termination's legal validity.
