Rent arrears: what students can do when they cannot pay

Rent arrears often build up slowly. The money falls short one month, a back payment comes in between, and suddenly a rent is outstanding. For students this is especially risky, because a termination quickly affects both the flat and daily life at university. It helps to know the statutory thresholds and to act early.

The essentials in brief

• Not every shortfall justifies immediate termination. The thresholds in § 543 para. 2 BGB decide.
• Two consecutive rent payments in arrears, or an amount that is not insignificant, are enough for the first variant.
• If you are in arrears over more than two payment dates, the arrears must reach the rent for two months.
• After an eviction claim is filed, a grace period of two months applies in which you can pay the arrears.
• The grace period does not apply if such a termination has already become ineffective within the last two years.
• Talk to your landlord early, before a termination is issued.

When may a landlord terminate without notice?

Rent arrears can justify an immediate termination under § 543 BGB. The law sets out two variants in § 543 para. 2 sentence 1 no. 3 BGB. The table summarises them. The general rules on what tenants and landlords owe each other are also explained in our guide to the most common questions students ask about landlords.

These thresholds explain why a single missed monthly rent does not automatically lead to an immediate termination. What counts is how the arrears develop across the payment dates.

What is the grace period under § 569 BGB?

A termination for rent arrears becomes ineffective if the landlord is satisfied within two months after the eviction claim has become pending in court. The same applies if a public body commits to paying, for example an authority that covers rent costs.

The grace period does not apply if such a termination has already become ineffective within the last two years. You therefore cannot count on the same protection a second time.

Which help is available for students?

If you want to prevent debt from growing, do not wait until a termination arrives. The following services can help:

• The social counselling service of your student services organisation, which can clarify housing and financial questions.
• The responsible housing benefit office of your municipality, if an entitlement may exist.
• A tenants’ association, which can check the contract and discuss the next steps with you.

If you want to agree on instalments with the landlord, record the agreement in writing. Whether the landlord agrees is up to them. If you need to move out early, a replacement tenant can help. There is a guide on that: our guide on finding a replacement tenant.

Frequently asked questions

Can a landlord terminate without notice because of one missed rent payment?

Generally not. Under § 543 para. 2 BGB, a single monthly rent is not enough on its own, because the variants require two consecutive payment dates or arrears over more than two payment dates. A tenants’ advice service can check in your case whether a particular amount reaches the threshold.

Can I talk to the landlord about paying in instalments?

Yes. An instalment plan agreed in writing is a route you can discuss with the landlord. Whether they agree is up to them, and you should record any agreement.

When should I seek help?

As soon as it becomes clear that the arrears are growing. The earlier you speak to the social counselling service or a tenants’ association, the more options you have. Do not wait for a letter from the court.

Does the grace period also apply to a first termination?

The grace period under § 569 para. 3 BGB presupposes that the eviction claim is pending in court. It does not apply if such a termination has already become ineffective within the last two years. A tenants’ advice service should check in your case whether these conditions are met.

What to do now

1. Get an overview of all outstanding amounts and their due dates.
2. Talk to the landlord and record any agreement in writing.
3. Contact the social counselling service of your student services organisation or a tenants’ association.
4. Respond immediately to every letter from the landlord or the court and note the deadlines.

Key terms explained

Rent arrears (Zahlungsverzug) exist when a rent that is due is not paid on time. Whether an amount is “not insignificant” depends on the circumstances, which is why the thresholds in the law should be read closely.

An immediate termination (fristlose Kündigung) ends the tenancy straight away, without the usual notice period. The matter becomes pending (Rechtshängigkeit) once the claim has been served on the other side. The eviction claim (Räumungsanspruch) is the landlord’s claim to get the flat back. These terms determine when the grace period under § 569 BGB runs.

If a letter from the landlord arrives

Do not leave a reminder or a termination unanswered. Note the date of arrival, check the sender, content and deadlines, and reply in writing. A tenants’ advice service can best judge whether a termination is effective when it sees the letter.

• Note the date of arrival and make a copy of the letter.
• Enter any deadline from the letter in your calendar.
• Reply in writing with concrete payment proposals.
• Collect proof of the amounts you have already paid.

Related guides

• Living while studying: rent, shared flats, halls and housing benefit
• Can my landlord do that? The most common questions from students
• Notice periods in a shared flat
• Finding a replacement tenant to leave early

Sources:

• § 543 BGB, termination for good cause (gesetze-im-internet.de, in German, accessed November 2026)
• § 569 BGB, termination for rent arrears (gesetze-im-internet.de, in German, accessed November 2026)

Last updated: November 2026. This guide is general information, not individual advice.