Guide · 5 min read

Reminder to tenants — the legally compliant Template

When the rent doesn't come in, every day counts. We show you the legally sound escalation of reminders (1st reminder → 2nd reminder → termination without notice), the right wording, and from when you may charge default interest, reminder fees or bring in a debt-collection agency.

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When is the tenant in default?

The tenant is automatically in default when the rent falls due by the 3rd working day of a month (§556b BGB) and has not been paid. You do NOT need to send a reminder for this — default arises by operation of law. A reminder is only needed for damage claims and for documentation.

Three-stage dunning — the standard

Stage 1: payment reminder (friendly)

Days 5–10 after the due date. Not a "reminder" but a "Zahlungserinnerung — vermutlich ein Versehen". Do not mention any reminder fee or default interest. Keeps the relationship free of pressure.

Stage 2: 1st reminder with deadline

Days 14–21. Set a specific payment deadline ("by [date, +14 days]"). Note the default interest (5% above the base rate = currently approx. 7.12% p.a.) + reminder fee (€5–10 flat).

Stage 3: final reminder with notice of termination

If 2 months' rent or more is outstanding: an explicit threat of termination without notice under §543(2) no. 3 BGB. Note: set only a further ~14-day deadline — after that, termination can take effect.

Your utility bill statement in 10 minutes instead of 3 hours

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Reminder template (Stage 2)

Subject: 1st reminder — outstanding rent [month/year] Dear Ms/Mr [surname], Unfortunately, to date we have not been able to record receipt of payment for the rent for the month of [month/year]. Outstanding amount: [XXX,XX] € Due since: [date] Days in arrears: [number] We ask you to transfer the amount no later than [today's date + 14 days] to the following account: IBAN: [DE...] BIC: [...] Reference: rent [month/year], [property] In the event of late payment, we reserve the right to charge default interest at 5% above the base rate (German Civil Code) as well as a reminder fee of 5,00 €. Should your payment have crossed with this letter in the meantime, please disregard this letter. Kind regards [landlord's name]

What's allowed — what isn't?

✓ Reminder fee 2.50–5 € flat — anything higher counts as an inadmissible contractual penalty
✓ Default interest from the 4th business day of a month (no additional reminder required)
✓ Engaging a debt-collection service — but: collection costs are only reimbursable to a limited extent
✗ Flat "processing fee" over €5 → invalid
✗ "Schwarze Liste" / Schufa-Eintrag-Drohung ohne richterlichen Titel → wettbewerbswidrig
✗ Direct lawsuit without prior reminder → if the tenant pays immediately + can prove that no reminder was sent: cost risk of the lawsuit lies with the landlord

From when is termination without notice possible?

Termination without notice is possible if: 2 consecutive months' rent are outstanding OR the arrears reach 2 full months' rent (§543(2) no. 3 BGB). Partial non-payment of smaller amounts is not enough — there must be a substantial debt.

Important: the tenant can remedy the termination through full payment within 2 months of the eviction action (§569(3) no. 2 BGB) — once every 5 years. A further remedy is only possible again after 5 years.

How Rentprime helps you

Rentprime automatically detects outstanding rent payments via the bank sync (PSD2). In the event of late payment, the system suggests dunning steps 1–3 automatically — legally sound texts, pre-filled amounts, default interest calculated automatically, the reminder as a PDF ready to send (by email or letter with proof of delivery). The escalation stage + date are documented for any potential eviction action.

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