Got an Abmahnung? Here's what it actually wants from you.

What is an Abmahnung?

An Abmahnung is a formal legal warning. It's a letter telling you that someone — a company, a lawyer, or a former employer — believes you've done something wrong, and demanding you stop, sign a declaration, and often pay costs, all before they take you to court.

It sounds dramatic. It can be serious. But receiving one doesn't mean you're automatically in the wrong, and how you respond in the first 24–48 hours matters more than almost anything else.

The two most common types in everyday life are competition law Abmahnungen (you sold something online, used an image without a license, had non-compliant terms on a website) and tenant Abmahnungen from landlords (noise complaints, lease violations). Employment Abmahnungen also exist — employers send these before a termination.

What does it demand?

Almost every Abmahnung contains three demands:

1. Unterlassungserklärung — a signed declaration that you will stop the alleged behavior and never do it again. This is the most dangerous part. The standard version sent by the opposing lawyer is usually written very broadly — signing it as-is can bind you to things far beyond what they're actually complaining about.
2. Kostenerstattung — reimbursement of the lawyer's fees for sending the letter. In competition law cases, these are calculated based on a "Streitwert" (dispute value) and can range from a few hundred to several thousand euros.
3. A deadline — usually 7–14 days to respond. This deadline is real, but it's also partly a pressure tactic. Courts generally won't penalize you for asking for a short extension.

The Unterlassungserklärung trap

This is where most people get burned. The opposing lawyer sends their own version of the declaration for you to sign. That version is almost always written to benefit them — it's vague, overly broad, and locks you into obligations you may not fully understand.

Do not sign the version they send you.

If the underlying complaint is legitimate and you want to resolve it, you can offer a modified Unterlassungserklärung — one that's precisely worded to cover only the specific behavior they complained about. This is standard practice and courts expect it. A lawyer familiar with Abmahnrecht can draft one in an hour.

Competition law Abmahnungen (online sellers, bloggers, small businesses)

If you sold something on eBay or Amazon, ran a website, or used a photo you found online, you may receive an Abmahnung alleging:

• Copyright infringement (used an image, font, or text without a license)
• Trademark infringement (used a brand name or logo)
• Missing or non-compliant legal texts (Impressum, Datenschutzerklärung, Widerrufsbelehrung)
• Misleading advertising (incorrect product descriptions, missing price information)

Some of these letters — particularly those targeting missing legal texts on small websites or minor eBay listing errors — come from professional Abmahn-lawyers whose business model is collecting fees. Courts have become stricter about this practice (the Gesetz gegen missbräuchliche Rechtsverfolgung reformed some of it in 2021), but it still happens.

That doesn't mean you can ignore it. Even a questionable Abmahnung needs a written response before the deadline.

Tenant Abmahnungen from landlords

A landlord can send you an Abmahnung for things like persistent noise, unauthorized subletting, keeping pets without permission, or not allowing access for repairs. In tenant law, an Abmahnung is usually a required step before a landlord can terminate your lease — they typically need to warn you in writing before they can act.

If you receive one as a tenant:

• Take it seriously even if you think it's unfair
• Respond in writing, ideally via registered mail
• Contact your local Mieterverein (tenants' association) immediately — this is exactly what they're for

Employment Abmahnungen

An employer sends an Abmahnung to document that you did something wrong and to put you on notice that a repeat could lead to termination. Common reasons: showing up late, ignoring instructions, misconduct.

In employment law, you have the right to add a written rebuttal to your personnel file (Personalakte) — you don't have to accept the Abmahnung's framing without comment. If the allegations are factually wrong, challenge them in writing and consider consulting an employment lawyer or your Gewerkschaft (trade union).

What to do — step by step

Step 1: Don't panic, but don't ignore it. The deadline is real. You have 7–14 days, sometimes more. Doing nothing is the worst option.

Step 2: Don't sign anything yet. Especially not the Unterlassungserklärung they included. Set it aside.

Step 3: Get a lawyer — fast. An Abmahnung in competition law or employment needs a lawyer with experience in that area. Initial consultations are often €100–200. It's almost always worth it. Look for a Fachanwalt für Gewerblichen Rechtsschutz (IP/competition) or Fachanwalt für Arbeitsrecht (employment).

Step 4: Request an extension if needed. A brief email or fax to the opposing lawyer asking for 7 more days is standard. They usually grant it and courts don't penalize reasonable extension requests.

Step 5: Respond in writing. Whether you're disputing the claim or settling it with a modified declaration, put everything in writing and send it via registered mail (Einschreiben mit Rückschein).

Key terms glossary

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Last updated: April 2026