Two Months Behind on Rent in Cologne? Paying Within 2 Months of the Eviction Lawsuit Can Still Save the Lease
In Cologne, the Fachstelle Wohnen Prävention of the city (Ottmar-Pohl-Platz 1, Kalk, phone 0221 / 221-31888, by appointment only) helps any resident whose home is threatened by a Kündigung, an eviction lawsuit or an eviction judgment, and it can pay rent arrears on application, usually as a loan. The legal clock behind this is § 569 Absatz 3 Nr. 2 BGB: if the landlord is paid everything due, or a public authority binds itself in writing to pay it, within two months after the eviction lawsuit becomes pending, the immediate termination for arrears becomes void. That cure works only once every two years, and it does not automatically stop an ordinary termination the landlord issued in the same letter.
What Lets a Landlord End a Lease Over Rent Arrears
German tenancy law has two terminations that can both follow an unpaid-rent problem. 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 of the landlord, which § 573 Absatz 2 Nr. 1 BGB sees, among other cases, where the tenant has culpably breached the lease in a not insignificant way.
The immediate termination for arrears sits in § 543 BGB. For an apartment in Cologne, the thresholds are these.
| Situation | Rule |
|---|---|
| Two due dates in a row | You are late with the rent, or with 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 amount reaches two months' rent |
| Warning first? | No, § 543 Absatz 3 Nr. 3 exempts arrears from the usual warning requirement |
| Written reason | The termination letter must state the reason (§ 569 Absatz 4 BGB) |
A lease clause cannot make this easier for the landlord. § 569 Absatz 5 BGB declares agreements void that disadvantage the tenant in this area or give the landlord extra reasons for an immediate termination.
Pay Before the Letter, and the Two-Month Cure After the Lawsuit
If the landlord is paid before the termination is declared, § 543 Absatz 2 Satz 2 BGB excludes the termination for arrears. That is the cheapest moment to fix the problem, and it is also why a landlord’s reminder should not sit in a drawer.
Once the termination exists, the landlord usually asks you to leave and, if you stay, files an eviction lawsuit. In Cologne the court is the Amtsgericht Köln in the Justizzentrum, Luxemburger Straße 101, 50939 Köln, with a second site at Reichenspergerplatz 1. Disputes over residential leases belong to the Amtsgericht whatever the amount, and that jurisdiction is exclusive under § 23 GVG.
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 satisfied for the rent due and for the compensation due for continued use after the lease (§ 546a Absatz 1 BGB), or if a public authority commits itself to pay. This is the Schonfristzahlung, and it is 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 point excludes the termination.
- Eviction lawsuit served.The two-month period runs from the lawsuit becoming pending, in practice from service.
- Payment or authority commitment.Everything due paid, or a public authority bound in writing to pay it, inside the two months.
- Termination void.The immediate termination no longer works, subject to the limits below.
Three limits matter. The cure needs the full amount due, not a large share of it. It does not apply if a termination of this kind was already made void in this way less than two years earlier. And, as the next section explains, it does not by itself erase an ordinary termination.
The Ordinary Termination Trap
Many landlords send one letter with two statements: an immediate termination and, in the alternative, an ordinary one for the same arrears. The Bundesgerichtshof dealt with this on 19 September 2018 (cases VIII ZR 231/17 and 261/17, see its press release). It held that the alternative ordinary termination does not “go nowhere” when the immediate one is voided by a Schonfristzahlung. The cases were sent back for the lower court to check the conditions of the ordinary termination and whether relying on it is contrary to good faith after quick payment.
For you, the consequence is practical. After paying, do not assume that all is well. Read the letter again and look for a sentence saying the lease is also terminated “ordentlich” or “hilfsweise” on the same facts. If you find one, speak to a tenants’ advice service the same week, and ask the landlord in writing whether he will continue the lease after the arrears are paid. The Mieterverein Köln says its legal department can advise as soon as you book an appointment and also where the tenancy has already been terminated.
Who Can Pay in Cologne
| Your situation | Office | What the official pages say |
|---|---|---|
| Any Cologne resident, any income, termination, lawsuit or eviction date threatens the home | Fachstelle Wohnen Prävention, Ottmar-Pohl-Platz 1, 51103 Köln | Self-help first, such as instalments negotiated with the landlord. If needed, arrears can be taken over on application, generally as a loan |
| You receive Grundsicherungsgeld (formerly Bürgergeld) | Jobcenter Köln, ServiceCenter 0221 96 44 34 01 | § 22 Absatz 8 SGB II: debts can be taken over to secure housing, cash help should be a loan |
| You receive Sozialhilfe (SGB XII) | Your Außenstelle of the Amt für Soziales, Arbeit und Senioren | Rent arrears of up to two monthly rents. Usually a loan, and your need must be shown |
| Two or more months in arrears, or not regularly supported by the Sozialamt | Fachstelle Wohnen im Sozialamt | Stadt Köln names this route for either of these cases; try self-help such as instalments first |
The Fachstelle Wohnen page lists the papers it wants: an application signed by all adult household members, ID or passport (with residence permit where applicable), a data protection declaration, a release from confidentiality, the tenancy agreement with a Mietbescheinigung, the termination letter or lawsuit or judgment, proof of recent rent payments, complete bank statements of the last three months for all current accounts, proof of assets, income proof and proof of debts and maintenance duties. Copies are enough, and there is no fee. The office is open only by appointment, takes documents by post, fax, letterbox or e-mail, and prefers PDF files over photos if you send them by mail.
For the Sozialamt route, Stadt Köln’s page on rent arrears lists the Außenstellen Chorweiler, Ehrenfeld, Innenstadt, Kalk, Lindenthal, Mülheim, Nippes, Porz and Rodenkirchen. Contact details are on the linked address pages.
At Jobcenter Köln, the Kontakt page gives the ServiceCenter number 0221 96 44 34 01, open Monday to Thursday 8:00 to 18:00 and Friday 8:00 to 14:00, with jobcenter.digital for uploads and online appointment booking by location. Your location depends on postcode and age. A Jobcenter loan is normally paid back by deductions from the standard rate, and this site’s guide on a deposit loan from the Jobcenter or Sozialamt shows how that repayment works in Cologne.
Why a Written Commitment Must Be Precise
The law accepts a public authority that “obliges 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 Kostenübernahme or Verpflichtungserklärung that names the landlord, the rent months and the amount, and hand a copy to the landlord and, if there is a lawsuit, to the court. Keep proof of the date it was received.
If a Jobcenter or Sozialamt is slow, keep the two-month date in front of you. Where the money cannot be arranged in time, pay what you can and still send the commitment request, but do not plan on a partial payment curing anything, because the statute talks about satisfying the landlord for what is due.
Step by Step
- Do not ignore the first reminder.Paying before the termination letter excludes the termination for arrears.
- Write down the dates.Date of the termination letter, date the lawsuit was served, and the date two months later.
- Call for an appointment on the same day.Fachstelle Wohnen Prävention (0221 / 221-31888), or Jobcenter Köln or your Sozialamt Außenstelle if you receive benefits.
- Collect the papers.Lease, termination, lawsuit, three months of bank statements, income proof.
- Ask for a written commitment or pay the full amount.Get proof that the landlord received it.
- Check for an ordinary termination.Look for the words ordentlich or hilfsweise in the letter.
- Get advice.The Mieterverein Köln, a lawyer, or the Amtsgericht if you want to ask about the procedure.
If It Goes Wrong
If the two months pass without payment or commitment, the immediate termination stands. The case then continues in court, and a judgment can order you to leave. Even then, the court can sometimes give more time to move out. This site’s guide on asking for a Räumungsfrist covers that stage. Stadt Köln’s help also lists the Räumungsurteil and the date of a forced eviction as cases where the Fachstelle can still be approached, so do not stop calling just because a judgment exists.
Keep your income protected while you sort this out. This site’s guide on the P-Konto explains how to keep access to your money if creditors garnish your account. And if you also owe Kita fees, see what unpaid fees can mean in Cologne.
If you are thinking of joining the Mieterverein Köln, read the fine print. Its website states an annual fee of 99 euros plus a one-time admission fee of 20 euros, and it says that advice is available as soon as you book, while the legal protection insurance has a three-month waiting period and covers claims that arise after it. A dispute that already exists when you join is therefore unlikely to be covered by the insurance, though the association itself does not say so for your case. Ask before you pay.
Compliance Note
This page explains the general framework of §§ 543, 569 and 573 BGB and the Cologne 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 fees change. Speak to the Fachstelle Wohnen, a recognized tenants’ advice service or a lawyer for your own facts and dates, ideally on the day you receive the lawsuit.
FAQ & Common Pitfalls
How many missed rents allow a landlord to terminate immediately?
§ 543 Absatz 2 Satz 1 Nr. 3 BGB gives two routes. Either you are late on the rent, or on 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 adds up to two months' rent. For residential leases, § 569 Absatz 3 Nr. 1 BGB says an unpaid part counts as not insignificant only if it exceeds one month's rent (this does not apply to a lease for temporary use). No warning is needed first, because § 543 Absatz 3 Nr. 3 BGB exempts this case from the usual Abmahnung requirement.
Does paying before the termination letter arrives help?
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 also makes a termination void if you could have settled 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 exactly does the two-month period start?
§ 569 Absatz 3 Nr. 2 BGB counts two months from the moment the eviction claim becomes pending (Rechtshängigkeit). In practice that is tied to the court serving the lawsuit on you, so the date on the service document in your mailbox or on the Zustellungsurkunde is the date to write down. Do not count from the date of the termination letter, and do not count from the first hearing date. If you are unsure of the date, treat the earliest date you can find as the starting point.
Can the Fachstelle Wohnen or the Jobcenter commit to pay instead of paying cash at once?
Yes. The same provision says the termination also becomes void if a public authority obliges itself to satisfy the landlord for the rent and the compensation due. That is why it matters to apply early: the commitment has to arrive in time and should be concrete about which arrears are covered. Stadt Köln's Fachstelle Wohnen says it can, on application, take over rent arrears to secure the tenancy. If you receive Grundsicherung für Arbeitsuchende, § 22 Absatz 8 SGB II lets the Jobcenter take over debts to secure housing, and such cash help should be given as a loan.
What changed with Bürgergeld, is it now Grundsicherungsgeld?
Yes. The text of § 22 Absatz 8 SGB II on gesetze-im-internet.de now speaks of Grundsicherungsgeld, and the Bundesagentur für Arbeit says Grundsicherungsgeld replaces Bürgergeld from 1 July 2026, although the old word may still appear on forms and letters. Existing decisions stay valid in substance. For your rent arrears, the practical consequence is none: you still go to Jobcenter Köln if you are in that system.
I am an employee with a low income and no benefits. Can I still get help in Cologne?
Stadt Köln says all Cologne residents can use the help at the Fachstelle Wohnen Prävention regardless of the type of income, when a termination, eviction lawsuit, eviction judgment or eviction date threatens the home. The city says self-help comes first, for example instalment agreements that the office can negotiate with the landlord, and only then, if needed, a takeover of arrears. Financial help is generally a loan.
Does the court really tell the Jobcenter or Sozialamt about my lawsuit?
In many cases, yes. § 22 Absatz 9 SGB II and § 36 Absatz 2 SGB XII require the court to inform the local benefit authority without delay when an eviction lawsuit based on rent arrears arrives, including the amount of arrears and the hearing date if already set. The notification is skipped if the lawsuit shows that the non-payment obviously does not come from inability to pay. Do not rely on it: contact the office yourself and bring the lawsuit papers.
If I pay everything in time, am I completely safe?
Not automatically. The Bundesgerichtshof held on 19 September 2018 that an ordinary termination for the same arrears, issued in the alternative together with the immediate one, is not rendered void by a Schonfristzahlung. The court sent the cases back to check whether the ordinary termination meets the legal requirements and whether relying on it is contrary to good faith given the prompt payment. Read the termination letter carefully for the words ordentlich or hilfsweise, and ask the Mieterverein or a lawyer if you find them.