The Pre-Eviction Notice is a critical document in German property law that serves as a mandatory preliminary step before formal eviction proceedings can be initiated. It is used when a tenant has violated terms of their lease agreement through actions such as non-payment of rent, property damage, or other significant breaches of contract. Under German law, landlords must provide tenants with proper warning and opportunity to remedy violations before proceeding with eviction. The notice must include specific details as required by the BGB (German Civil Code), including clear grounds for the potential eviction, explicit deadlines for compliance, and detailed documentation of the violations. This document reflects Germany's tenant-protective legal framework while preserving property owners' rights to protect their interests.
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1. Sender Details: Full name and address of the landlord or property management company
2. Recipient Details: Full name and address of the tenant(s)
3. Property Information: Complete address and description of the rental property
4. Date: Current date and location
5. Subject Line: Clear identification as a Pre-Eviction Notice (K眉ndigungsandrohung)
6. Grounds for Eviction: Specific legal grounds under German law justifying the eviction
7. Description of Violations: Detailed account of the specific lease violations or reasons for eviction
8. Required Action: Clear statement of what the tenant must do to remedy the situation
9. Deadline: Specific timeline for compliance or vacation of the property
10. Legal Consequences: Statement of legal actions that will follow if compliance is not achieved
11. Signature: Landlord's or authorized representative's signature
1. Payment History: Include when eviction is due to rent arrears, showing detailed breakdown of missed payments
2. Previous Warnings: Reference to any previous warnings or notices sent to the tenant
3. Hardship Consideration: Address any known tenant hardship circumstances that have been considered
4. Alternative Resolution Options: Proposed solutions or alternatives to eviction, if applicable
5. Property Inspection Details: Include when eviction is due to property damage or unauthorized modifications
1. Payment Records: Documentation of missed rent payments or payment history
2. Previous Correspondence: Copies of previous warnings or relevant communication
3. Photographic Evidence: Photos documenting property damage or lease violations, if applicable
4. Witness Statements: Statements from neighbors or other relevant parties regarding disturbances or violations
5. Lease Agreement: Copy of the original lease agreement highlighting relevant violated terms
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