What happens if I don't pay the rent on time?
May 13, 2023 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Eiko Zimmermann and I am reaching out to you with the following question: What happens if I do not pay the rent on time?
Background: I have always paid my rent on time in the past, but I am currently facing financial difficulties due to unforeseen expenses. I am afraid that I may not be able to pay the rent on time this month.
Current situation: The rental agreement specifies a monthly rent payment due by the third working day of the month. Since my salary is only deposited on the fifth of the month, it may result in me not being able to transfer the rent on time.
Concerns: I am concerned that my landlord may take legal action against me if I do not pay the rent on time. I fear a termination of the tenancy or even an eviction lawsuit.
Question about solutions: Are there any options to reach an agreement with my landlord if I cannot pay the rent on time? What are the consequences if I pay the rent late? Are there any legal regulations that could help me in this situation?
Thank you in advance for your support and advice.
Sincerely,
Eiko Zimmermann
Dear Mr. Zimmermann,
Thank you for your inquiry regarding timely rent payment and possible consequences in case of payment delay. It is understandable that you are concerned, especially if you have always paid on time in the past but are currently facing financial difficulties.
If you are unable to pay the rent on time for financial reasons, it is important to communicate with your landlord. It is advisable to inform your landlord early and openly that there may be a delay in rent payment this month. Together, you may be able to find a solution, such as a payment plan or a one-time extension of the payment deadline.
Regarding the consequences of late rent payment, it is important to know that the landlord generally has the right to send reminders in case of payment delay and, if necessary, to take legal action. However, usually a termination of the lease or an eviction lawsuit is not initiated immediately, especially if it is a one-time payment delay and you settle the outstanding amount as soon as possible.
There are legal regulations that can help tenants in such situations. For example, according to § 556b of the German Civil Code (BGB), the landlord is entitled to default interest if the rent is paid late. This default interest amounts to five percentage points above the base rate. Additionally, § 543 BGB regulates the conditions for an extraordinary termination of the lease, which typically applies in cases of repeated payment delays and unsuccessful warnings from the landlord.
I strongly recommend you to contact your landlord and look for a solution. If you need further legal advice or have specific questions regarding your individual case, I am happy to assist you.
Sincerely,
Oliver Hentschel
