Behind on Rent in Frankfurt? Paying Within Two Months of the Eviction Lawsuit Can Still Cancel the Termination
A landlord may end a lease without notice if you are behind with the rent on two due dates in a row (the unpaid part must exceed one month's rent), or if the arrears over a longer period reach two months' rent (§§ 543, 569 BGB). Once an eviction lawsuit is pending, § 569 Absatz 3 Nr. 2 BGB gives you two months to pay everything due, or to get a public authority to commit to pay it, and the immediate termination becomes void. In Frankfurt the team Hilfen zur Wohnungssicherung in the Sozialrathaus Gallus (Rebstöcker Straße 8, appointments via 069 212-38189) is the city's contact for arrears, terminations and eviction titles. The cure works only once in two years and does not automatically stop an alternative ordinary termination.
When Missed Rent Becomes a Termination
German tenancy law has two kinds of landlord termination that can follow unpaid rent. The immediate one (fristlose Kündigung) ends the lease at once. The ordinary one (ordentliche Kündigung) ends it after the statutory notice period and needs a legitimate interest, which § 573 Absatz 2 Nr. 1 BGB sees in a culpable and not insignificant breach of the tenant’s duties.
The immediate termination for arrears sits in § 543 BGB.
| Situation | Rule |
|---|---|
| Two due dates in a row | You are late with the rent or a not insignificant part of it. For residential leases the unpaid part must exceed one month's rent |
| Longer period | Over more than two due dates the unpaid sum reaches two months' rent |
| Warning first? | No, § 543 Absatz 3 exempts arrears from the usual warning |
| Written reason | The termination letter must state the reason (§ 569 Absatz 4) |
| Deposit arrears | Default with a deposit of two months' rent can also be a reason (§ 569 Absatz 2a) |
A lease clause cannot make this easier for the landlord. § 569 Absatz 5 declares such agreements void if they disadvantage the tenant or add extra reasons for an immediate termination.
Pay Before the Letter, or Within Two Months of the Lawsuit
If the landlord is paid before the termination is declared, § 543 Absatz 2 Satz 2 excludes the termination for arrears. That is the cheapest moment to act, so a landlord’s reminder should not sit in a drawer.
After the termination, a landlord who does not get the flat back sues for eviction. In Frankfurt that is the Amtsgericht Frankfurt am Main, whose civil departments sit in Niederrad according to the court’s page. Then § 569 Absatz 3 Nr. 2 BGB applies: the termination also becomes void if, no later than two months after the eviction claim becomes pending, the landlord is paid the rent due and the compensation for continued use (§ 546a BGB), or a public authority commits itself to pay. This is the Schonfristzahlung, the second chance the law builds in.
- Arrears build up.Two due dates in a row, or two months' rent in total.
- Termination letter.It must state the reason. Paying in full before this excludes the termination.
- Lawsuit pending.The two months run from the lawsuit becoming pending, in practice from service.
- Payment or authority commitment.Everything due paid, or a public authority bound to pay it, inside the two months.
- Termination void.Subject to the limits below.
Three limits matter. The cure requires everything due, not a large share of it. It does not apply if an earlier termination of this kind was cured this way less than two years before. And as the next section shows, it does not by itself erase an ordinary termination.
The Ordinary Termination Trap
Many landlords put two statements in one letter: an immediate termination and, in the alternative, an ordinary one for the same arrears. The Bundesgerichtshof dealt with this in its press release of 19 September 2018. It held that an alternative ordinary termination is not pointless when the immediate one becomes void through a Schonfristzahlung, and it sent the cases back for the lower court to examine whether the ordinary termination meets the legal conditions and whether relying on it is contrary to good faith after a payment shortly after the notice.
So do not assume that all is well after paying. Read the letter for “ordentlich” or “hilfsweise” and, if you find such a phrase, ask a tenants’ advice service the same week. Ask the landlord in writing whether the lease continues now that the arrears are paid.
Who Can Pay or Commit in Frankfurt
| Your situation | Office | What the official pages say |
|---|---|---|
| Arrears, termination or an eviction lawsuit, any income | Hilfen zur Wohnungssicherung, Sozialrathaus Gallus, Rebstöcker Straße 8, 60326 Frankfurt | Call for an appointment on 069 212-38189. The team advises and is the contact for help offers, the first aim is to keep the flat |
| You receive Grundsicherungsgeld (formerly Bürgergeld) | Jobcenter Frankfurt, via jobcenter.digital and your caseworker's phone number | The Jobcenter's housing page sends people with rent arrears to the Hilfen zur Wohnungssicherung. § 22 Absatz 8 SGB II covers taking over debts to secure housing |
| You receive Sozialhilfe (SGB XII) | Your local Sozialrathaus, and the Hilfen zur Wohnungssicherung team | § 36 SGB XII lets the Träger take over debts when that secures the housing, as a grant or loan |
| Not sure if the termination is lawful | Mietrechtliche Beratung, Amt für Wohnungswesen, Adickesallee 67-69 | The city says to use it even if a lawsuit or judgment exists, unless a lawyer already represents you. It is free for Frankfurt residents with a monthly household net income of up to 2,150 euros plus 650 euros per further household member (phone 069 212-34711) |
The city’s Hilfen zur Wohnungssicherung page lists when to call at once: when rent arrears have arisen, on a termination for arrears, misconduct or Eigenbedarf, on a court notice about an upcoming eviction lawsuit, on an eviction judgment or a Gerichtsvollzieher’s eviction date, and after losing the flat. If the flat cannot be kept, temporary accommodation under the HSOG is possible. The city’s overview of threatened housing loss adds the tenancy advice and the round-the-clock number for social emergencies, 069 212-700 70.
At the Jobcenter, the housing page tells people with rent arrears to contact the Hilfen zur Wohnungssicherung. The contact page says requests go through jobcenter.digital, that phone calls are made to the number of your caseworker on your letters, and that appointments at the sites depend on your postcode. The Jobcenter’s e-mail channel and phone service centre are no longer used, according to its home page.
If you receive benefits, § 22 Absatz 7 SGB II also says the housing part of the benefit should go straight to the landlord where arrears exist that justify a termination. Ask your caseworker about direct payment.
Why a Written Commitment Must Be Precise
The law accepts a public authority that commits itself to satisfy the landlord. A vague letter that does not say which arrears are covered is a risk, because the cure depends on the content and on the deadline. Ask the office for a written confirmation naming the landlord, the rent months and the amount. Give a copy to the landlord and to the court, and keep proof of the date it was received.
If the office is slow, count the two months from the lawsuit date and keep pressing. Where the money cannot be arranged in time, pay what you can and still ask for the commitment, but do not plan on a partial payment curing the termination, because the statute speaks of satisfying the landlord for what is due.
Step by Step
- Do not ignore the first reminder. Paying before the termination letter excludes it.
- Write down three dates: the termination letter, the date the lawsuit was served, and the date two months after.
- Call 069 212-38189 for an appointment at the Hilfen zur Wohnungssicherung on the day the lawsuit arrives.
- If you receive benefits, upload the papers on jobcenter.digital and tell your caseworker.
- Collect the lease, termination, lawsuit, bank statements and income proof.
- Ask for a precise written commitment or pay the whole amount, and get proof that the landlord received it.
- Check the termination letter for an alternative ordinary termination.
- Get advice from the Mietrechtliche Beratung, a tenants’ association or a lawyer.
If It Goes Wrong
If the two months pass without payment or commitment, the immediate termination stands and the case continues. A judgment can order you to leave, but the court can sometimes give time to move out, as explained in our guide to the Räumungsfrist in Frankfurt. The city’s help does not end with a judgment: its page lists the eviction judgment and the eviction date as reasons to call. Keep your income protected as well, for example through a P-Konto, and read about unpaid Kita fees if you also owe those.
Compliance Note
This guide explains the general framework of §§ 543, 569 and 573 BGB and the Frankfurt offices as described on their official pages in October 2026. It is not legal advice. Deadlines in eviction cases are short, courts and offices decide individual cases differently, and benefit rules changed on 1 July 2026. Speak to the Hilfen zur Wohnungssicherung, a tenants’ advice service or a lawyer about your own dates, ideally on the day you receive the lawsuit.
FAQ & Common Pitfalls
How much can I owe before a landlord may terminate without notice?
§ 543 Absatz 2 Satz 1 Nr. 3 BGB names two cases. Either you are in arrears with the rent, or with a not insignificant part of it, for two due dates in a row, or over a period of more than two due dates the unpaid amount reaches two months' rent. For a residential lease, § 569 Absatz 3 Nr. 1 BGB adds that an unpaid part counts as not insignificant only if it exceeds one month's rent, unless the flat is let only for temporary use. No warning is needed first, because § 543 Absatz 3 Satz 2 Nr. 3 BGB exempts this case from the usual Abmahnung.
Does it help to pay before the termination letter arrives?
Yes. § 543 Absatz 2 Satz 2 BGB says that in an arrears case the termination is excluded if the landlord is satisfied beforehand. The same provision makes a termination void if you could have cleared the debt by set-off and declare the set-off without delay after the termination. Once the letter has arrived, the main route is the two-month period under § 569 Absatz 3 Nr. 2 BGB.
When does the two-month period start?
The statute counts from the time the eviction claim becomes pending, which in practice is tied to the court serving the lawsuit on you. Write down the date on the service document and count two months from there. Do not count from the date of the termination letter or from the hearing. If you are unsure of the exact date, use the earlier date you can find, and ask the Amtsgericht Frankfurt am Main or a tenants' advice office to confirm.
Can the city or the Jobcenter commit to pay instead of me paying at once?
Yes. § 569 Absatz 3 Nr. 2 BGB also makes the termination void if a public authority commits itself to satisfy the landlord for the rent and compensation due. That is why speed matters: the commitment has to arrive in time and should state which arrears it covers. If you receive Grundsicherungsgeld, § 22 Absatz 8 SGB II lets the Jobcenter take over debts to secure housing where that is justified and necessary and homelessness would otherwise threaten, and cash help should be a loan. In Frankfurt, the city directs people with rent arrears to the Hilfen zur Wohnungssicherung in the Sozialrathaus Gallus.
Is Bürgergeld now called Grundsicherungsgeld?
The current text of § 22 SGB II on gesetze-im-internet.de speaks of Grundsicherungsgeld, which replaced Bürgergeld on 1 July 2026. Jobcenter Frankfurt pages still use the older word in places. Existing decisions continue to apply. For arrears the practical point is the same: you still go through the Jobcenter if you are in that system, and the city's Hilfen zur Wohnungssicherung if the home is threatened.
Will the Jobcenter or Sozialamt find out about my lawsuit anyway?
In many cases. § 22 Absatz 9 SGB II and § 36 Absatz 2 SGB XII require the court to tell the local authority without delay when an eviction lawsuit for arrears arrives, with the amount of arrears and the hearing date if known. The notice is skipped if the lawsuit shows that non-payment obviously does not come from inability to pay. Do not wait for it. Frankfurt's Jobcenter no longer runs a telephone service centre and takes digital requests through jobcenter.digital, so upload the lawsuit papers there and contact your caseworker by the phone number on your letters.
I paid in time. Am I completely safe?
Not automatically. The Bundesgerichtshof held on 19 September 2018 (VIII ZR 231/17 and 261/17) that an ordinary termination for the same arrears, issued in the alternative together with the immediate one, is not rendered pointless by the Schonfristzahlung. The cases were sent back to check whether the ordinary termination meets the legal conditions and whether relying on it is contrary to good faith, given the payment shortly after the notice. Read the letter for the words ordentlich or hilfsweise, and take advice if you find them.
Which Frankfurt court hears the case and is a lawyer required?
Disputes over residential leases belong to the Amtsgericht, here the Amtsgericht Frankfurt am Main. Its main address is Gerichtsstraße 2, but the court's page says all civil departments sit in Niederrad (Hahnstraße 25), so check the address on your court letter. Under § 78 ZPO a lawyer is mandatory only before Landgerichte and higher courts. The court's own page warns about delays in civil cases, so expect waiting times, and meet every deadline in the court's letter.