In Germany, the term “Wohnungsräumung” translates to “apartment clearance” or “eviction.” It’s a legal process through which a landlord or property owner can legally remove a tenant from their rental property. While eviction processes vary from country to country, understanding Wohnungsräumung in Germany is essential for both tenants and landlords.

The Legal Framework

In Germany, the legal relationship between landlords and tenants is governed by a comprehensive set of laws designed to protect the rights of both parties. The most important legal framework for eviction procedures is the Civil Code (Bürgerliches Gesetzbuch or BGB) and the Tenancy Law (Mietrecht). These laws outline the rights and Hausräumung responsibilities of landlords and tenants, including the conditions under which a landlord can initiate Wohnungsräumung.

Grounds for Wohnungsräumung

Wohnungsräumung can only be initiated under specific circumstances outlined in the German Civil Code. The most common grounds for eviction include:

  1. Non-payment of Rent: If a tenant consistently fails to pay rent, the landlord may initiate eviction proceedings.
  2. Violation of Lease Agreement: If a tenant breaches the terms of the lease agreement, such as causing damage to the property or engaging in illegal activities, the landlord may seek eviction.
  3. Illegal Subletting: Subletting a rental property without the landlord’s permission is grounds for eviction.
  4. Personal Use: Landlords may reclaim their property for personal use or for the use of their immediate family members, provided they give the tenant adequate notice.

The Eviction Process

The eviction process in Germany typically follows these steps:

  1. Warning Notice (Abmahnung): Before initiating formal eviction proceedings, landlords are required to issue a warning notice to the tenant, informing them of the breach of contract and giving them a chance to rectify the situation within a specified timeframe.
  2. Notice of Termination (Kündigung): If the tenant fails to remedy the situation within the specified timeframe, the landlord can then serve a formal notice of termination, specifying the date by which the tenant must vacate the property.
  3. Court Proceedings: If the tenant refuses to vacate the property after receiving the notice of termination, the landlord can file a lawsuit with the local court to obtain an eviction order.
  4. Writ of Execution (Räumungstitel): If the court rules in favor of the landlord, they will issue a writ of execution authorizing the eviction. The tenant will be served with this document, specifying the date and time by which they must vacate the property.
  5. Physical Eviction: If the tenant still refuses to leave after receiving the writ of execution, the landlord can enlist the help of law enforcement officers to physically remove the tenant and their belongings from the property.

Tenant Rights

While landlords have the right to evict tenants under certain circumstances, tenants also have legal protections against wrongful eviction. Tenants can challenge eviction notices in court if they believe they have been unfairly targeted or if the landlord has not followed the proper legal procedures.


Wohnungsräumung is a legal process designed to protect the rights of both landlords and tenants in Germany. While landlords have the right to evict tenants under certain circumstances, they must follow strict legal procedures outlined in the Civil Code. Tenants, on the other hand, have legal protections against wrongful eviction and can challenge eviction notices in court if necessary. Understanding the eviction process is essential for both landlords and tenants to ensure fair and lawful resolution of disputes.