Räumungsaufforderung — demand to vacate your flat explained

A Räumungsaufforderung orders you to leave the apartment by a set date. It is not the same as a termination notice alone — and landlords cannot simply change the locks. This guide covers deadlines, court steps, and urgent tenant rights.

What is a Räumungsaufforderung?

A Räumungsaufforderung is a written demand that you vacate (clear out and leave) a rented flat or house. It sets a Räumungstermin — a date by which you must move out and hand over keys.

It usually appears after the landlord believes the tenancy has ended — for example following a valid Wohnungskündigung, an Eigenbedarfskündigung, or a court judgment in a Räumungsklage (eviction lawsuit). A termination letter by itself is not yet a Räumungsaufforderung.

Who sends it

Check the letterhead carefully. A lawyer's letter may threaten court action; a bailiff's notice means enforcement is already underway.

Räumungsaufforderung vs Kündigung

Kündigung ends the tenancy after notice periods. Räumung is the physical move-out. If you received only a Kündigung and the end date has not passed — or you filed a valid Widerspruch under §574 BGB — the landlord may not lawfully treat you as a trespasser yet.

A Räumungsaufforderung before a valid end date or without court backing can be challengeable. Do not assume you must leave immediately.

How to read the letter

Compare the Räumungstermin with your last Kündigung or court document. Errors in dates or form matter.

Illegal self-help — no lock changes

In Germany, landlords generally cannot evict you by changing locks (Schlossaustausch), switching off utilities, removing doors, or disposing of your belongings without a court enforcement process. That is rechtswidrige Eigenmacht (unlawful self-help).

If this happens, document everything (photos, witnesses), call the police if you are locked out, and seek a lawyer or Mieterverein immediately. You may be entitled to be let back in and to damages.

Räumungsklage — when the landlord goes to court

If you do not leave by the demanded date, the landlord may file Räumungsklage at the local civil court (Amtsgericht). The court decides whether eviction is lawful. You will receive court post with hearing dates — respond and attend.

Defences can include invalid Kündigung, active §574 hardship extension, rent paid and tenancy still running, or procedural errors. Once the court issues a binding Räumungstitel (eviction title), enforcement through the Gerichtsvollzieher becomes possible.

Court enforcement — Gerichtsvollzieher

With a valid eviction title, the Gerichtsvollzieher can schedule forced clearance (Zwangsräumung). You should receive official enforcement notice with a date. Special protection may apply in winter or for vulnerable households in some cases — ask a lawyer urgently.

Voluntary move-out before forced enforcement avoids higher costs and a record of forced eviction on your rental history.

Still in the notice period? §574 BGB hardship

If the landlord terminated and you are within the lawful tenancy period, you may still have rights under §574 BGB to extend the lease due to hardship (age, illness, children in local school, no alternative housing). A Räumungsaufforderung does not replace that procedure — see Wohnungskündigung guide on tenant Widerspruch.

Voluntary clearance vs forced eviction

Negotiating a realistic move-out date in writing can be better than waiting for forced enforcement — but only if you accept that you must leave and the date is feasible.

What to do — step by step

Step 1: Note delivery date and Räumungstermin.

Step 2: Find the underlying Kündigung or court case — is the tenancy actually ended?

Step 3: If termination looks invalid — contact Mieterverein or lawyer before the deadline.

Step 4: If you must leave — plan housing, handover, deposit, and Nebenkostenabrechnung.

Step 5: Never ignore court post — missing a hearing can mean default judgment.

Step 6: If locked out illegally — police, photos, legal help same day.

When to get help urgently

Mieterverein, tenant law lawyers, and local Beratungsstellen handle Räumung cases under time pressure daily.

Key terms glossary

RäumungsaufforderungWritten demand to vacate the home
RäumungsterminDeadline to move out
RäumungsklageLandlord's eviction lawsuit
RäumungstitelBinding court eviction order
ZwangsräumungForced eviction by bailiff
GerichtsvollzieherCourt bailiff enforcing eviction
SchlossaustauschIllegal lock change by landlord
rechtswidrige EigenmachtUnlawful self-help eviction
SchlüsselrückgabeReturning keys to landlord
WohnungsübergabeFormal handover of the flat
§574 BGBTenant hardship extension against termination
MietervereinTenants' association for advice

Still not sure what your letter wants?

Open Briefed — explain my letter

Last updated: June 2026

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