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Past Due Rent Notice Template for Germany

A Past Due Rent Notice (Mahnung zur Mietzahlung) is a formal written document used in German property law to notify tenants of overdue rent payments. Governed by the German Civil Code (B眉rgerliches Gesetzbuch - BGB), particularly sections 搂搂286 and 543, this document serves as an official demand for payment and is often a prerequisite for further legal action. The notice must include specific details about the outstanding amount, payment deadline, and potential consequences under German law, while maintaining compliance with formal notice requirements and tenant protection regulations.

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What is a Past Due Rent Notice?

The Past Due Rent Notice is a crucial document in German property management, used when tenants have failed to pay their rent on time. It serves as a formal demand for payment and is typically issued after the rent payment deadline has passed, as specified in 搂286 BGB (German Civil Code). This document is essential as it establishes a clear record of the payment demand and often serves as a prerequisite for any further legal actions, such as lease termination or eviction proceedings. The notice must include specific information such as the amount owed, payment details, and deadline, while complying with German tenant protection laws. It's particularly important to note that in Germany, this document must follow strict formal requirements and should be carefully drafted to ensure legal validity.

What sections should be included in a Past Due Rent Notice?

1. Sender Details: Full name and address of the landlord or property management company

2. Recipient Details: Full name and address of the tenant(s)

3. Date: Current date of the notice

4. Subject Line: Clear indication that this is a Past Due Rent Notice (Mahnung zur Mietzahlung)

5. Property Identification: Clear identification of the rental property address and unit number

6. Outstanding Amount Statement: Clear statement of the total amount of rent outstanding

7. Payment Timeline: Specific dates of missed payments and when they were due

8. Payment Deadline: Clear deadline for when the outstanding amount must be paid

9. Payment Instructions: Bank account details or other payment methods accepted

10. Legal Consequences: Statement of potential legal consequences if payment is not received

11. Signature: Signature of landlord or authorized representative

What sections are optional to include in a Past Due Rent Notice?

1. Previous Notifications: Reference to any previous communications regarding the outstanding rent, used when this is not the first notice

2. Late Payment Fees: Details of any applicable late payment fees, if permitted by the rental agreement

3. Payment Plan Option: Offered when the landlord is willing to accept payment in installments

4. Notice of Intent to Terminate: Warning of potential lease termination, used in cases of substantial default

5. Legal Basis Citation: Specific references to relevant sections of the German Civil Code, used in more formal notices

6. Security Deposit Notice: Statement regarding potential use of security deposit, if applicable

What schedules should be included in a Past Due Rent Notice?

1. Schedule A - Payment History: Detailed breakdown of payment history showing missed payments and dates

2. Schedule B - Outstanding Amount Calculation: Itemized list of outstanding amounts including base rent, utilities, and any applicable late fees

3. Schedule C - Payment Plan Details: If a payment plan is offered, detailed breakdown of proposed installments and due dates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Notice of Rent Due

Cost

Free to use

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