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Due to the current U.S. government shutdown, service members may not receive a paycheck for the foreseeable future. As a result, members living in the Kaiserslautern Military Community may have difficulty paying rent. To help prepare, personnel are urged to be proactive and understand their key protections under German law.
The below information provided by the Ramstein legal office serves as information only and does not constitute legal advice.
If a tenant misses rent, landlords may take action and send a termination or eviction notice. If this is the case, one should remain calm and informed, since the landlord may be unaware of German law and the notice is likely invalid.
It is important to know a tenant cannot be legally evicted for missing a single month’s rent. However, this does not apply to the ‘One Month, One Cent’ Rule which explains that in order for a lease to be legally terminated due to non-payment, a tenant must be in arrears for an amount totaling more than one month’s full rent. For example, if a month’s rent is €1,000 the tenant can’t be legally evicted until they owe €1,000.01 or more.
A landlord is also legally permitted to use your security deposit to cover unpaid rent. In that event, it is essential to understand you will be legally required to replenish the security deposit to its full amount after the fact.
Service members are encouraged to make a partial rental payment. This could demonstrate good faith and reduce the amount you will owe later. While not legally required, sending an email explaining there may be a delay in payment due to the government shutdown also helps maintain a good relationship with one’s landlord.
During this time of uncertainty the best practice is to be proactive and take measures to get ahead of any potential misunderstandings by openly communicating with your landlord.
If you receive a notice from your landlord or have any concerns, please contact your local Legal Assistance Office immediately. The Ramstein Law Center has experts in German landlord-tenant law prepared to advise on specific situations, review documentations and help with any necessary communication.
