Tenancy agreements are determined by the landlord handing over
the rented property to the tenant – and the tenant paying
rent for it. If the tenant is in arrears with the equivalent to at
least 2 months' rent, the landlord is entitled to terminate the
tenancy (section 543 para. 2 no. 3 of the German Civil Code (BGB)).
The law is designed to help tenants who are having difficulty
paying rent due to their shops and practices being closed under
COVID-19 lockdowns.
The March Law
On March 25, 2020, the German parliament (Bundestag) passed the
Law to Mitigate the Consequences of the COVID 19 Pandemic in Civil,
Insolvency and Criminal Proceedings (BT DruckS 19/18110). The law
with the complicated name restricts the landlords' right to
terminate tenancies. This applies to both residential and
commercial tenancies as well as property leases. Accordingly, the
regulations cover leases. Landlords may not terminate the tenancy
due to rent arrears arising from the period April 1
