Notice To Vacate Rent Arrears Template for Germany

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Key Requirements PROMPT example:

Notice To Vacate Rent Arrears

"I need a Notice To Vacate Rent Arrears for my residential property in Berlin, where the tenant has failed to pay rent for January and February 2025, totaling €2,400, and I want to include reference to two previous payment reminders sent in January."

Document background
The Notice To Vacate Rent Arrears (Kündigung wegen Zahlungsverzug) is a crucial document in German property law, used when tenants have fallen significantly behind on rent payments. Under German law, specifically §543 and §569 of the German Civil Code (BGB), landlords must follow strict procedures when terminating a lease due to non-payment. This document serves as the formal notification of lease termination and must include specific details about the rent arrears, clear termination declarations, and vacation requirements. It is typically used after previous payment reminders have failed and when the rent arrears reach the legally defined threshold for termination. The notice must be carefully drafted to ensure enforceability and compliance with German tenant protection laws, which are generally quite strong and tenant-friendly.
Suggested Sections

1. Sender Details: Full name and address of the landlord or property management company

2. Date: Current date of the notice

3. Recipient Details: Full name and address of the tenant(s)

4. Property Identification: Clear identification of the rental property including address and any specific unit number

5. Subject Line: Clear identification as 'Notice of Immediate Termination Due to Rent Arrears' (Kündigung wegen Zahlungsverzug)

6. Statement of Arrears: Detailed listing of unpaid rent amounts and periods

7. Legal Grounds: Reference to relevant sections of the BGB, particularly §543 and §569

8. Termination Declaration: Clear and unambiguous statement of lease termination

9. Vacation Requirement: Clear statement of the deadline by which the property must be vacated

10. Handover Instructions: Instructions regarding property handover and return of keys

11. Signature: Landlord's or authorized representative's signature

Optional Sections

1. Power of Attorney Reference: Required when notice is being sent by a legal representative or property manager, including reference to their authority

2. Payment Demand: Optional inclusion of demand for payment of arrears, if landlord wishes to maintain this claim separately from the termination

3. Warning Notice Reference: Reference to any previous warnings or notices sent regarding the rent arrears

4. Legal Consequences: Additional explanation of legal consequences if tenant fails to comply

5. Settlement Option: Optional inclusion of conditions under which the termination might be withdrawn if immediate full payment is made

Suggested Schedules

1. Rent Arrears Statement: Detailed breakdown of all outstanding rent payments including dates and amounts

2. Previous Correspondence Log: Copies of any relevant previous warnings or payment demands

3. Power of Attorney Document: If notice is being sent by a representative, copy of authorization document

4. Lease Agreement Reference: Copy or relevant sections of the original lease agreement showing rent payment terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Social Housing

Student Housing

Retail Property

Office Space Management

Relevant Teams

Legal

Property Management

Real Estate Operations

Asset Management

Tenant Relations

Collections

Compliance

Property Administration

Facilities Management

Document Management

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Housing Officer

Lease Administrator

Asset Manager

Property Administrator

Real Estate Attorney

Tenant Relations Manager

Collections Manager

Facility Manager

Building Manager

Real Estate Portfolio Manager

Property Operations Director

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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