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Prevention · Selection · Evacuation
Identifying and getting rid of rent dodgers – what really helps
- The documents you may request before signing a contract – and those that are off-limits
- Warning signs to spot during a viewing, if you know what to look for
- What makes fraudulent misrepresentation of creditworthiness legally actionable
- Why DIY is the most expensive mistake a landlord can make
- 3Net rent: Maximum security deposit
- 3Rates at which it may be paid
- 8–14Months until the cleared flat
- 0legal definition of the term rent nomad
Warning signs
How to tell before signing
None of these signals, on their own, are grounds for exclusion – each also has an innocent explanation. If several occur together, a second round of documentation is worthwhile before the contract is signed.
- Conspicuous haste. Move-in as soon as possible, viewing as brief as possible, contract ideally today. Those with genuine need will also accept a three-day inspection period. Those who don't usually have a reason.
- Payment of deposit and first month's rent. Sounds like security, but is often the opposite: it bypasses account verification and thus the only reliable indicator of actual solvency.
- No previous landlord's reference, no contactable previous tenants. The certificate of freedom from rent arrears is voluntary – its absence says nothing on its own. However, if no previous landlord is named or can be reached at the same time, the most important external proof is missing.
- Frequent changes of address in a short period of time. Three addresses in four years is explainable, six less so. Ask for clarification – the answer is often more revealing than the document.
- Documents only as printouts or mobile phone photos. Fake payslips and credit reports can be created in minutes today. Request the original report with a verification code or a printout from the portal, not a forwarded file.
- The number of people moving in remains vague. Anyone who evades the question about future residents is often planning an occupancy that has nothing to do with the contract. This is also relevant in tenancy law.
Selection
What you are entitled to ask for – and what you are not
Tenant selection is the only point in the entire tenancy where you have free choice. After that, tenant protection applies. That's why diligence belongs here, not in rectifying issues later.
Permitted to ask
Name and current address, occupation and employer, income and proof of income from the last three payslips, number of people moving in, pet ownership, existing rental arrears, ongoing or completed insolvency and enforcement proceedings, as well as a credit report. False statements on these points can make the contract challengeable.
Impermissible to ask
Family planning and pregnancy, religion, political party or trade union membership, origin, sexual orientation, health status, and – with very limited exceptions – criminal convictions. Answers to impermissible questions may be incorrect without giving rise to any rights. In addition, the General Equal Treatment Act applies.
The three documents that count
Firstly, the credit report in its original form or with a possibility to check it. Secondly, three recent proof of income – not just one, as single sheets are the easiest to forge. Thirdly, a bank statement or payment receipt showing that the rent has actually been paid to date.
Keeping data protection in mind
You may only request documents from serious applicants, not from every viewing participant, and you must delete the data of rejected applicants. This is not a formality: violations of the General Data Protection Regulation are punishable by fines and are increasingly being reprimanded.
The rule of thumb from practice: The net rent should not exceed one-third of the net household income. Those who are significantly above this will not necessarily face a problem – but every additional burden leads to arrears more quickly.
Contract design
Deposit, handover, and the clauses that bear
A rental agreement does not prevent payment default. However, it determines how quickly you can react and what you can prove in the process.
| Dot | Regulation | Basis |
|---|---|---|
| Deposit amount | A maximum of three months' net rent | § 551(1) of the German Civil Code (BGB) |
| Deposit payment | in three equal monthly instalments, first instalment at the start of the tenancy | Section 551 (2) of the German Civil Code |
| Deposit placement | segregated from own assets, insolvency-proof | Section 551 (3) of the German Civil Code |
| Rent due date | by the third working day of the month at the latest | § 556b (1) of the German Civil Code (BGB) |
| Delay | occurs without warning | § 286 (2) No. 1 of the German Civil Code |
| Misrepresentation of creditworthiness | Challenging the contract is possible | § 123(1) of the German Civil Code |
If the first rent instalment is missed, this is an early and clear signal. If the rent arrears reach two months' rent, there is an independent right to immediate termination under § 569 (2a) of the German Civil Code (BGB) – regardless of whether rent is in arrears. This provision is the sharpest instrument against tenants who do not want to pay from the outset, as it applies after only a few weeks.
Upon handover, produce a report with meter readings, the condition of each room, and dated photographs, signed by both parties. This is not only important for the return but also for later being able to prove the condition of a neglected flat.
When it happened
The process from the first missed rent payment
There is no special law against rent defaulters. There is only the normal route – pursued consistently and without losing weeks.
- 1Tag 4
Determine and record the deficit
Bank statement, debit, outstanding amount. From now on, every payment and every letter will be documented – this statement will later be the crucial exhibit for the lawsuit.
- 2Tag 5–10
Payment request with deadline
Break down the outstanding amount, set a deadline of ten to fourteen days, and secure access by courier. For those genuinely unwilling to pay, the letter will have no effect – but it will prove that you have asserted the claim promptly and decisively.
- 3Weeks 3–6
Check for rent arrears
If two months' rent are outstanding as a deposit, you can terminate the tenancy immediately under Section 569 (2a) of the German Civil Code (BGB). This is significantly faster than proceeding through rent arrears and is the quickest exit permitted by law.
- 4Tag X
Terminate with immediate effect, alternatively with due notice
Written form, all landlords, all tenants, quantified arrears, subsidiary application. If forged documents are also present, state in the same letter the challenge due to fraudulent misrepresentation.
- 5Over 3 weeks
Eviction and payment action
With an application for a preservation order under § 283a of the German Code of Civil Procedure (ZPO). If a person not named in the contract lives in the flat, an eviction order under § 940a (2) ZPO may be considered against them.
- 6+6 to 12 months
Title and Clearance
Following the judgment, you instruct the bailiff, usually for a limited eviction to regain possession under § 885a of the German Code of Civil Procedure (ZPO). Expect considerable renovation needs – with this group of tenants, the flat is almost never in a condition compliant with the contract.
Even with flawless procedures, it takes eight to fourteen months between the first missed rent payment and the flat being ready for re-letting. The damage rarely consists solely of outstanding rent, but to a considerable extent of repairs and vacancy.
Typical mistakes
What you absolutely shouldn't do
The first point is the most important. It transforms an economic loss into a legal problem – and it's yours.
- Clear out yourself, change the lock, turn off the electricity. Prohibited self-help under § 858 BGB. The tenant is entitled to immediate repossession. You are liable for damages regardless of fault – even for allegedly lost valuables that you cannot disprove. Criminal offences of trespassing and coercion are possible. There is no case where this is worthwhile.
- Wait and see, as the tenant promises to improve. Every week costs money and achieves nothing. Promises are permissible, but only in the form of a written instalment agreement with a forfeiture clause – and without notice periods lapsing unused.
- Terminate without a supplementary application. If someone pays the arrears shortly before the grace period expires, a procedure based solely on immediate termination will end – at your expense. The subsidiary request for ordinary termination should be included in every letter.
- Claiming the deposit too late. Two months' rent arrears entitle the landlord to termination for cause under Section 569 (2a) of the German Civil Code (BGB). Anyone who only realises this after half a year misses out on the quickest way out.
- To claim damages. The claim is valid, but it is directed against someone without any enforceable income or assets. A judgment is valid for thirty years – but it is still not suitable for re-calculating your figures.
- Tackle the next rental the same way as the last one. Following such a case, re-renting often happens quickly out of relief. That's precisely when it happens a second time. The check above takes three days – a legal proceeding takes a year.
Classification
What the case will actually cost you in the end
Do not calculate in open rents. Calculate in months without use plus repairs.
A typical case in a small town in Saxony-Anhalt: €480 net cold rent, eleven months without payment, around €1,850 in legal and enforcement costs, followed by a flat requiring €6,000 to €12,000 for repairs before it can be re-let, and a further two months of vacancy. In total, the damage amounts to around €15,000 to €20,000 – on an annual net rent of €5,760. This is the return from three years.
For a twelve-unit property, it’s a bad year. For a four-unit property that is still being financed, it’s a serious burden. And if multiple parties are affected in the same property, or if the maintenance backlog already existed, the figures are definitively tipped.
We see these cases regularly because we get called in. The Rosenbaum Group buys apartment buildings for its own portfolio – even those with ongoing legal proceedings, even with a unit that nobody has entered since the tenant moved out. For us, both are calculable: We assess the current state, take over legal proceedings and repairs, and factor them into the price. You exchange an open end for a fixed date.
If you want to hold onto the asset, prevention is the most important part of this page, further up. If you find yourself lacking the strength for the next cycle, a sale is not a surrender, but an invoice.
Frequently Asked Questions
Rent nomads – landlords' most frequently asked questions
Is there any special legislation against rent dodgers?
No. The term does not appear in the law. The same rules apply as in any case of payment default: termination under § 543 (2) BGB, eviction lawsuit, enforcement. The only accelerated route is termination due to arrears in the security deposit under § 569 (2a) BGB.
Can I change the lock if no one is paying anymore?
No, under no circumstances. This is prohibited self-help according to § 858 BGB (German Civil Code). The tenant can demand immediate repossession of the property, and you will be liable for damages – including those claimed but not disproven. Additionally, criminal consequences are possible.
What documents may I request before renting out?
Declaration of income, proof of income for the last three months, credit report, copy of identification and, voluntarily, a certificate of rent arrears. Questions about pregnancy, religion, origin, health or political affiliation are not permitted.
What is the point of the deposit?
In a case like this, almost nothing: three months' net rent barely covers three months of arrears, and even then they are often not paid in full. Their real value lies in the early warning signal – if the first payment is missed, you'll know within a few weeks.
Can I contest the rental agreement if documents were forged?
Yes. Incorrect information regarding income, employer, or rent arrears can constitute fraudulent misrepresentation under Section 123 of the German Civil Code (BGB). It is best to declare the rescission together with the extraordinary termination so that both avenues remain open.
Can I sell the house before the case is settled?
Yes. The buyer enters into the lease agreement under § 566 BGB and continues an ongoing legal proceeding. Buyers who retain the property take into account the duration of the proceedings and repair costs, rather than treating them as grounds for exclusion.
Alternative
If the next cycle is no longer an option
We are not a broker, but a property owner. We buy apartment buildings with problematic tenants, ongoing legal proceedings, and units that need renovation before re-letting.
What suits your situation?
What do you do specifically?
Non-binding, no commission, and no agency agreement. We are long-term holders – you speak directly with the buyer.
Sources and status of the data
- §§ 123, 286, 543, 551, 556b, 562, 566, 569 sec. 2a and sec. 3, 858 German Civil Code (BGB) – gesetze-im-internet.de
- §§ 283a, 885a, 940a German Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- General Equal Treatment Act as well as General Data Protection Regulation for the admissibility of applicant data
All details checked on 03.08.2026. Example calculations are based on experience from our own holdings and are expressly marked as such. This contribution does not replace legal advice in individual cases.
Further
Relevant posts and pages
- Tenant not paying – what to do – the full procedure in case of payment default.
- Summary dismissal for rent arrears – from which threshold it is carried.
- Eviction lawsuit: Costs and duration – reliable cost figures and realistic timeframes.
One case too many?
We buy apartment buildings with problematic tenants, ongoing legal proceedings, and refurbishment needs – in their current condition and without an estate agent's mandate.