Warning letter to a tenant

What a warning letter is for

A warning letter tells your tenant in writing which behaviour you will not accept and gives them the chance to stop it. If nothing changes, it is usually the condition for termination: for a breach of duty you can generally only terminate without notice once a warning or deadline has gone unheeded (§ 543 (3) BGB).

The law does not prescribe a form. Still, always put it in writing and deliver it in a way you can prove, because in court you have to show that your tenant received it.

What every warning letter needs

• the behaviour you object to, as precisely as possible with date, time and place
• the demand to stop it or to put it right by a set date
• the note that further breaches may lead to termination
• the signature of every landlord, and with a representative the original power of attorney

Vague complaints such as "constant noise" are not enough. The more concretely you describe each incident, the more weight the warning carries in court.

Reasons and deadlines

The template counts the deadline from the date of your letter. You can change it whenever your case needs a longer or shorter one.

• Late rent: 14 days to pay on time from now on
• Noise and disturbing the peace: 7 days
• Insults or threats: 7 days
• Items in the hallway: 7 days, because blocked escape routes endanger everyone in the building
• Littered flat: 5 weeks to clear it out
• Poor ventilation and heating: 14 days
• Refused access: 14 days for a new appointment

Late rent

Unless agreed otherwise, rent is due by the third working day of the month (§ 556b BGB). A single late payment is not yet grounds for termination. If your tenant keeps paying late despite a warning, ordinary termination may be justified (Federal Court of Justice, 1 June 2011, VIII ZR 91/10).

The template lists the late payments with due date and receipt. The default interest calculator works out the interest you are owed for the delay.

The rent arrears checklist shows how to proceed step by step, from a first conversation to termination.

Noise and a noise log

For a later termination you have to prove the disturbances. Ask the affected neighbours to keep a noise log with date, time, duration and type of noise, and name them as witnesses in the warning. Night quiet from 10 pm to 6 am applies everywhere; midday and Sunday quiet are set by the house rules and your municipality.

Insults or threats

With serious threats or physical assault, termination without notice can be valid even without a prior warning (§ 569 (2) BGB). Have a lawyer check the individual case; the termination template helps you write it.

• date, place and the person affected for each incident
• the words as literally as possible, the act as precisely as possible
• witnesses by name

Hallway and littering

You may not clear items from the hallway yourself; that can count as unlawful self-help. Ask your tenant to remove them by a deadline and photograph the situation.

A littered flat often has an illness behind it. On request the template adds a note on where to get help, which can save the tenancy. Several weeks are reasonable for clearing it out.

Ventilation and heating: find the cause first

Mould can also come from thermal bridges or leaks. Only send a warning once an expert or a specialist firm has ruled out structural causes. Attach the heating and ventilation annex so your tenant knows exactly what you expect.

Refused access

Your tenant has to let you in when there is a legitimate reason, such as a repair, a modernisation, reading the meters, a sale or finding a new tenant. You must announce the appointment in good time and suggest a reasonable time, usually on weekdays between 10 am and 6 pm. Only in an emergency, such as a burst pipe, is no notice needed.

How to deliver the warning

If the warning has no effect and you are considering ordinary termination, the notice period calculator works out when the tenancy ends.

1. Print the PDF and have every landlord sign it.
2. Give the letter to a messenger who reads it, puts it in the letterbox and confirms this with date and time. The template attaches a receipt form for that.
3. Keep a copy and the confirmation. If you need to terminate later, that is your proof.