Formal warnings to tenants: grounds, content and sample wording

Kevin Celentano · 2026-10-14

The tenant on the second floor parties until three every weekend. The neighbours complain to you, and a conversation has changed nothing. Or the rent has been arriving on the twentieth rather than the third working day for months.

At this point, many landlords wonder whether they can terminate the tenancy straight away. Usually, the answer is: not yet. First comes a formal warning: a formal demand to stop a specific behaviour, coupled with an explanation of the consequences.

A good warning is brief, specific and delivered with proof of receipt. A poor one may mean that a later termination fails in court. Here we explain when you must issue a warning, what to include and how to prove receipt.

01When you must issue a warning and when you do not need to

Whether a warning is compulsory depends on what you intend to do afterwards. The law distinguishes between three routes.

For serious breaches, you can proceed without a warning if it clearly offers no prospect of success or if immediate termination is justified for particular reasons (§ 543 Abs. 3 Satz 2 Nr. 1 und 2 BGB). This means cases such as physical assaults against you or neighbours. You should rely on this only after obtaining a lawyer’s assessment.

Ordinary termination with notice is the case that is often underestimated. The Federal Court of Justice says that no warning is required for this. For a minor breach, such as a one-off oversight, however, it is often only the failure to heed a warning that gives the conduct enough weight to justify termination. If in doubt, therefore, issue a warning first.

02Typical grounds for a formal warning

You can issue a warning for any breach of duties under the tenancy agreement or house rules. In practice, the same cases crop up repeatedly.

Subletting deserves a closer look. If the tenant has an understandable reason, such as a partner moving in or an extended absence for work, you generally have to grant permission. A warning for lack of permission may then be ineffective. Read more in the glossary entry on subletting.

03What to include in a formal warning

The law does not prescribe a particular form. You can therefore also issue a warning verbally. That simply will not help you later if you need to prove its content. Always put it in writing, and be as specific as possible.

The core of a warning for late payment could be expressed in your own words as follows:

Under § 4 of your tenancy agreement, the rent must be paid no later than the third working day of each month. The rent for July, August and September 2026 did not reach our account until 18 July, 21 August and 19 September 2026 respectively. We hereby issue you with a formal warning and require you to pay the rent on time in future. If the rent is received late again, we will terminate the tenancy, potentially without notice.

Avoid combined warnings containing five allegations at once. If just one is disputed, the whole letter loses weight. One warning per breach is clearer.

04Proving receipt

The warning takes effect only once the tenant receives it. If they later deny receipt, you must prove it. In practice, more warnings fail on this point than on their content.

The safest option is a messenger who knows the contents. This could be someone you know who is not themselves a landlord of the flat. Keep a copy of the warning and the messenger’s note together.

05Worked example: what terminating without a warning could cost

Michael lets a flat for €750 a month excluding service charges. The tenant has been breaching the quiet hours for months. Michael terminates without notice and without first issuing a warning, then brings an eviction claim. The court dismisses the claim because no warning was issued. The name and figures are fictional; the calculation is an example, not a forecast.

Around €4,350 is almost six months’ rent excluding service charges. On top of that come months in which the problem remains and the neighbours continue to complain. A warning delivered by a messenger would have cost Michael a few euros and an hour.

For how to handle termination and eviction correctly afterwards, read the guides to notice periods in tenancy agreements and eviction claims. The eviction claim cost calculator calculates the costs for your own case.

06What the tenant can do about a formal warning

Many tenants want to challenge a warning they consider unfair. They cannot bring a claim against it. The Federal Court of Justice has ruled that a tenant can neither demand the withdrawal of a warning nor require the landlord to refrain from issuing one, and cannot obtain a court declaration that it was unjustified (BGH, Urteil vom 20.02.2008, VIII ZR 139/07).

That does not mean every warning carries weight. The court examines whether it was justified only if you later terminate the tenancy and rely on it. If the allegation cannot then be substantiated, the warning will not support the termination. Your documentation therefore becomes decisive only when it really matters.

If the tenant replies in writing to dispute the warning, add the letter to your file. A conversation may still be useful. Many conflicts are resolved when both sides understand that the matter is serious.

07Risks and limits

A warning is not a licence to do as you please. Issuing warnings over trivial matters or without evidence damages your relationship with the tenant and weakens later, genuine warnings. Issue warnings only for matters you can prove and that are actually governed by the agreement or the law.

If a breach recurs, it must be of the same kind as the breach covered by the warning for that warning to support termination. A warning about noise will not help with a later termination for late payments.

Where a breach affects other people’s health or safety, where there is a dispute over subletting, or where you intend to terminate afterwards, involve a lawyer specialising in tenancy law. The cost is usually lower than losing a court case. For investors with several flats, a property manager can handle reminders and deadlines for the flat, but the decision to issue a formal warning or terminate remains with the owner.

08Further reading

• Notice periods in tenancy agreements
• Eviction claims: process, duration and costs
• Serial rent defaulters: recognising the signs, prevention and taking the right action
• Invalid clauses in tenancy agreements
• Your rights and duties as a landlord
• Tenancy agreement template

09Sources

• §§ 540, 541, 543, 553, 556b, 569, 573 BGB, gesetze-im-internet.de, accessed on 14 October 2026
• BGH, Urteil vom 20.02.2008, VIII ZR 139/07 (no claim against a formal warning)
• BGH, Urteil vom 28.11.2007, VIII ZR 145/07 (ordinary termination with notice without a prior warning)
• BGH, Urteil vom 11.01.2006, VIII ZR 364/04 (late payment after a warning)
• BGH, Urteil vom 20.03.2013, VIII ZR 168/12 (pet-keeping clause)
• BGH, Urteil vom 25.08.2020, VIII ZR 59/20 (formal warning and ordinary termination with notice in the alternative)
• § 41 GKG, § 91 ZPO; fees under GKG and RVG in the versions applicable from 1 June 2025
• Keyword data: Semrush, Germany database, as at 14 October 2026

Note: This guide provides general information and is not a substitute for legal advice on an individual case. Before terminating a tenancy, you should have the warning and the circumstances reviewed by a lawyer specialising in tenancy law.