Räumungsklage Step by Step: The German Eviction Process from First Notice to Bailiff

A Räumungsklage is the eviction lawsuit a German landlord files when a tenant refuses to leave a property they no longer have the right to occupy. The process is not the same as terminating the lease. Termination is a private legal act that ends the right to occupy. Eviction is the judicial enforcement that physically removes the tenant and returns the property to the landlord. The two are sequential. You cannot evict without a valid termination, and you cannot terminate by eviction.

This is the most expensive single legal process a typical landlord will run. Done correctly, it takes 6 to 12 months and costs €3,000 to €15,000 in fees and legal costs plus several months of lost rent. Done badly, the process restarts at the beginning and the costs double. The biggest cost-saving lever, the Berliner Räumungsmodell, is still not used by the majority of landlords even though it cuts the enforcement phase cost by 80%.

This guide walks the complete sequence from the first missed payment to the day the bailiff hands you the keys.

Pre-litigation: the steps before you can sue

You cannot file a Räumungsklage without an already-effective termination of the lease. Before the courtroom, four things must happen.

1. The grounds for termination must exist

A landlord cannot terminate a lease just because they want to. The BGB defines a closed list of grounds.

Fristlose Kündigung (immediate termination), § 543 BGB:

• Rent arrears of at least 2 months of cold rent across more than one month, or 2 months’ arrears in a single instance after § 569 BGB.
• Persistent late payment despite warning.
• Material breach affecting the property (severe damage, illegal sub-letting after warning, threatening or violent behavior).
• Disturbance of the building’s peace that justifies immediate end.

Ordentliche Kündigung (ordinary termination), § 573 BGB:

• A legitimate interest of the landlord. The three statutory grounds: Eigenbedarf (personal use), wirtschaftliche Verwertung (better economic use), and material breach (less serious than fristlose Kündigung).
• Notice periods: 3 months for tenancies under 5 years, 6 months for 5 to 8 years, 9 months above 8 years.

The fristlose Kündigung gets you to a Räumungsklage faster. The ordentliche Kündigung is what you use when there is a problem but the threshold for immediate termination isn’t met.

2. An Abmahnung (warning), where required

For most ordentliche Kündigungen based on breach, you must first issue a written Abmahnung describing the breach and demanding it stop. Only after the tenant has had a reasonable period to correct the behavior and has failed to do so can the Kündigung be issued.

The Abmahnung is not required for:

• Fristlose Kündigung based on rent arrears.
• Cases where the warning is “obviously useless” (§ 543 Abs. 3 BGB).
• Cases of acute risk to the property.

For everything else, no Abmahnung means a defective Kündigung means a failed Räumungsklage. Document the warning by registered post (Einschreiben mit Rückschein).

3. A formal Kündigung in writing

The Kündigung must be:

• In writing (text form is not enough, an actual signed letter is required).
• Signed by all landlords on the lease (joint owners must all sign).
• Addressed to every tenant on the lease (sending to one of two co-tenants is void).
• Specific about the grounds (each breach must be identified concretely).
• For fristlose Kündigung: include the legal basis (§ 543 or § 569 BGB).
• Delivered in a way you can prove (registered post or personal delivery with witness).

For fristlose Kündigung based on rent arrears, the tenant must be informed of their right to make a Schonfristzahlung (grace period payment) within two months of receipt of the Räumungsklage, which retroactively voids the termination. This warning is now required and skipping it can invalidate the Kündigung.

4. The tenant doesn’t move out

After receipt of the Kündigung and the expiry of any applicable notice period, the tenant has lost the right to occupy. If they leave voluntarily, you take possession and the process ends. If they don’t, you proceed to court.

Many landlords offer an Abfindung (buyout payment) at this point as a faster alternative to litigation. A typical Berlin Abfindung sits at 2 to 6 months’ rent depending on tenant circumstance. It is often economically rational to pay this rather than spend €10,000 and a year on litigation, especially if the alternative is selling the apartment afterward.

Filing the Räumungsklage

If the tenant does not leave, the eviction lawsuit is filed at the Amtsgericht (local court) for the district where the property sits.

What goes in the claim

The Klageschrift (statement of claim) must contain:

• Identity of parties (full name and address of landlord and tenant).
• The address of the rental unit.
• The lease (attached or referenced).
• The termination notice (attached) and proof of delivery.
• The legal grounds for the termination.
• The relief sought: eviction (Räumung) of the property, return of keys, and typically payment of arrears and ongoing rent until vacation.
• Calculation of the Streitwert.

The Streitwert (value in dispute) drives the cost

For a Räumungsklage, the Streitwert is the annual rent: 12 × monthly cold rent.

A €1,200 monthly cold rent gives a Streitwert of €14,400. This number drives:

• Court fees (€549 for this example, paid up front by the landlord).
• Attorney fees on both sides (approximately €1,400 each, paid by the loser).
• Bailiff fees (separate, paid by the loser but advanced by the landlord).

If the landlord wins, the tenant owes the costs. In practice, recovery from a tenant who couldn’t pay rent is rare. Most landlords budget the costs as unrecoverable.

Mandatory legal representation? Not always

A Räumungsklage can be filed by the landlord without a lawyer at the Amtsgericht. In practice, almost every landlord uses a lawyer because:

• The Kündigung must be analyzed for defects (one small error and the entire claim fails).
• The Streitwert calculation and procedural deadlines require precision.
• A defectively filed claim adds 6 to 12 months to the timeline.

Lawyer up. The cost is recoverable if you win.

The court proceedings

Once filed, the court takes over the procedural steps.

Step 1: Delivery to the tenant

The court formally delivers (zustellt) the Klageschrift to the tenant. This is the moment the 2-month Schonfristzahlung clock starts (more on this below).

Step 2: The tenant’s defense

The tenant has:

• 2 weeks to inform the court whether they will defend (Verteidigungsanzeige).
• A further 2 weeks to file the Klageerwiderung (statement of defense) with grounds.

Missing these deadlines can result in a Versäumnisurteil (default judgment) in the landlord’s favor. This is the cheapest possible win, but it’s not guaranteed; tenants who hire a lawyer in the eviction defense usually file on time.

Step 3: The oral hearing (mündliche Verhandlung)

The Amtsgericht schedules a hearing. The judge will:

• Verify the formal validity of the Kündigung.
• Hear both parties on the substantive grounds.
• Test any tenant defenses (Härtefall claim, Schonfristzahlung made, defects in form).
• Consider attempts at settlement (Vergleichsversuch).

A common outcome at the hearing is a Räumungsvergleich (eviction settlement). The tenant agrees to leave by a fixed date, the landlord drops some claims (often the arrears), and the parties avoid further proceedings. About 50% of all Räumungsklagen end this way.

Step 4: The judgment (Räumungsurteil)

If no settlement, the court issues a judgment. The landlord either:

• Wins. The judgment orders the tenant to vacate. The court can grant a Räumungsfrist (eviction grace period) of up to one year under § 721 ZPO, balancing both interests.
• Loses. The Kündigung is found defective or the tenant defenses prevailed. The process restarts at the beginning.

A successful judgment is the Vollstreckungstitel (writ of execution) you need to call in the bailiff.

Tenant defenses you should expect

The tenant has four realistic defenses:

Schonfristzahlung (grace period payment), § 569 Abs. 3 Nr. 2 BGB

If the termination was for rent arrears, the tenant can void it retroactively by paying the full arrears within 2 months of receipt of the Räumungsklage. Critically, this only works once in any 2-year window after the 2025 Mietrecht reform (older case law allowed more lenient repeated use). If the tenant has used this in the prior 2 years, they cannot use it again.

The Schonfristzahlung includes the full arrears, not just the threshold-triggering portion. The Sozialamt (social welfare office) often advances the payment to prevent homelessness, which means even a financially distressed tenant may end up using this defense successfully.

Härtefall (hardship), § 574 BGB

For ordentliche Kündigungen (not fristlose), the tenant can raise a Härteeinwand. Recognized grounds:

• Advanced age combined with long tenancy.
• Serious illness or medical care needs.
• Pregnancy or small children.
• Inability to find equivalent replacement housing in a tight market.
• Important social ties to the location (childcare, family network, work).

The court weighs the tenant’s hardship against the landlord’s interest. If hardship prevails, the lease continues for a defined period; if not, the eviction proceeds.

Formal defects in the Kündigung

The tenant’s lawyer will pick apart the termination letter for:

• Missing or insufficient grounds.
• Wrong addressee (not all landlords or not all tenants).
• Missing Schonfristzahlung notice.
• Premature filing (before notice period expired).
• Missing Abmahnung where required.

Any of these can result in a complete loss for the landlord and a restart of the entire process. The Kündigung is the document the case is built on; spend the time to get it right.

Räumungsfrist request, § 721 ZPO

After judgment, the tenant can ask the court for a delay of up to 1 year before the eviction is enforced. The court grants this based on the tenant’s situation and the housing market. In tight markets, courts often grant 3 to 6 months.

The Vollstreckungstitel and what comes next

With a Räumungsurteil in hand, you have the Vollstreckungstitel. You cannot enforce it yourself. Under no circumstances may you:

• Change the locks.
• Remove the tenant’s belongings.
• Cut off utilities.
• Physically force the tenant out.

These are criminal offenses (verbotene Eigenmacht under § 858 BGB plus possible Hausfriedensbruch). The only legal enforcement path is through the Gerichtsvollzieher (court bailiff).

The bailiff is a public official assigned through the local court. You instruct the bailiff with the Vollstreckungstitel and request an eviction appointment (Räumungstermin). The bailiff sends the tenant a formal final warning with the appointment date, typically 2 to 4 weeks in advance.

On the appointment date, the bailiff arrives at the property and physically removes the tenant from possession. Whether this involves removing the tenant’s belongings or just changing the lock depends on which model you chose.

Two enforcement models: Klassische Räumung vs Berliner Modell

Klassische Räumung (full physical removal)

The traditional approach. On the eviction date:

• The bailiff supervises the removal of all tenant belongings from the apartment.
• A moving company hired by the landlord transports the belongings to storage.
• The belongings are stored for at least 1 month at the landlord’s expense.
• After 1 month, unclaimed belongings can be sold or disposed of (§ 885a Abs. 4 ZPO).

Total cost:

• Bailiff fees: €500 to €1,500.
• Moving company: €2,000 to €5,000.
• Storage: €200 to €800 per month for typically 1 to 3 months.
• Disposal or auction fees: €500 to €2,000.

Realistic total: €4,000 to €10,000 in enforcement costs alone, on top of the litigation costs.

Berliner Räumungsmodell (lock change only)

A drastically cheaper alternative formalized through § 885a ZPO. On the eviction date:

• The bailiff removes the tenant from the apartment but leaves the belongings in place.
• The bailiff changes the lock and hands the new key to the landlord.
• The tenant has 1 month to collect their belongings.
• The landlord exercises the Vermieterpfandrecht (landlord lien) under § 562 BGB on all belongings in the apartment.
• After 1 month, the landlord can sell or dispose of the belongings.

Total cost:

• Bailiff fees: typically €500.
• Lock change: €100 to €300.

Realistic total: €600 to €1,000. Eight to ten times cheaper than the classical model.

When the Berliner Modell does not apply

You cannot use the Berliner Modell if:

• The tenant claims that valuable items in the apartment are exempt from the Vermieterpfandrecht (basic life necessities under § 811 ZPO).
• The bailiff cannot identify which items belong to the tenant vs which are third-party owned.
• The landlord has waived the Vermieterpfandrecht somewhere in the lease.

For the average tenancy where the apartment contains used household goods, the Berliner Modell is clearly the right choice. The decision to go classical only makes sense when valuable third-party items (e.g., a tenant’s business inventory) are clearly present and need to be physically removed.

Timeline and costs end to end

A realistic timeline for a clean Räumungsklage:

Cost summary for a typical case with €1,200 monthly cold rent:

The numbers tell you why a clean, documented termination matters. Every defect in the Kündigung adds 6 to 12 months and €10,000+ to this number.

Common landlord mistakes

1. Sending a defective Kündigung. The tenant’s lawyer finds one missing element and the entire process restarts. Every cost incurred to date is lost.
2. Skipping the Abmahnung where required. Same result.
3. Trying to change the lock without a Vollstreckungstitel. Criminal offense, plus the tenant gets a damage claim for unlawful eviction.
4. Trying to remove the tenant’s belongings yourself. Same.
5. Cutting off water, gas, electricity, or heating to pressure the tenant. Criminal under § 240 StGB (Nötigung) plus § 858 BGB.
6. Filing without a lawyer to save the lawyer fee. Saves €1,500 in fees, often costs €15,000 in restarts. Never optimal.
7. Going for the Klassische Räumung when the Berliner Modell would have worked. Wastes €5,000 to €9,000 in enforcement costs.
8. Failing to notify the tenant of the Schonfristzahlung right in the Kündigung. The Kündigung is defective.
9. Not pursuing an Abfindung before filing. Often cheaper than litigation by an order of magnitude.
10. Underestimating the timeline. Banking on having the property back in 3 months leads to cash flow problems. Plan for 12 months.

When eviction is the wrong choice

Eviction makes economic sense when:

• The tenant has stopped paying and isn’t coming back.
• The lease and Kündigung are clean and defensible.
• The market rent is meaningfully above the current rent (you gain from re-letting at higher rate).
• You can fund the gap during the proceedings.

Eviction is the wrong choice when:

• The tenant is in a bridgeable financial situation (often a Sozialamt payment plan or a short-term Abfindung resolves it faster and cheaper).
• The Kündigung has any formal weakness (litigation will lose).
• The local market rent is similar to current rent (the post-eviction re-let won’t recover the costs).
• The apartment needs major work before re-letting anyway (renovation timing may absorb the vacant period).

A €5,000 Abfindung is usually a better outcome than a €15,000 eviction proceeding, even before counting the time, stress, and reputational cost.

How this fits the wider landlord lifecycle

The Räumungsklage is the worst-case operational exit from a tenancy. Most landlord posts in your library exist precisely to keep this process from being needed:

• The tenant vetting process at lease start filters out the highest-risk tenants.
• The Mietkaution provides 3 months of buffer when payments slip.
• The Wohnungsübergabeprotokoll documents condition for any post-eviction damage claim.
• The Eigenbedarfskündigung process is the legitimate landlord-side termination path that doesn’t require breach.

The single most important investment to avoid ending up here is the time spent at lease start: a clear, defensible lease, thorough tenant vetting, and a documented handover. The cost of getting these right is measured in hours. The cost of skipping them and ending up in a Räumungsklage is measured in tens of thousands of euros and a year of lost time. Spend the time at the beginning.