Rent Arrears and Mahnung: A Landlord's Guide (2026)

What do Mietrückstand and Zahlungsverzug mean?

A Mietrückstand (rent arrears) exists as soon as the tenant fails to pay due rent in full. Zahlungsverzug (payment default) is the legal consequence of those arrears — and it triggers your claims: Verzugszinsen (default interest), Mahnkosten (collection costs), and, where the amount is high enough, the right to terminate without notice.

The load-bearing fact first: rent is due by the third business day of each month (§ 556b Abs. 1 BGB). If the tenant does not pay, they fall into Verzug automatically from the fourth business day — without any prior Mahnung (§ 286 Abs. 2 Nr. 1 BGB), because the payment date is fixed by the calendar.

When does the tenant fall into Verzug? (§ 286 BGB)

Verzug requires that the claim is due and enforceable and that the debtor does not perform. With rent, the payment date is set by the calendar, so Verzug arises without a Mahnung (§ 286 Abs. 2 Nr. 1 BGB in conjunction with § 556b BGB).

One detail matters for the deadline: Saturdays do not count as business days, because bank transfers are not processed on Saturdays. The third business day therefore often falls on the fourth or fifth calendar day.

Important: Even though no Mahnung is needed for Verzug, you should send one. It documents the arrears reliably, sets the tenant a clear payment deadline, and is the precondition for claiming the Mahnkosten you incurred. Never issue a Kündigung (termination) without having cleanly evidenced the arrears.

Step by step: from arrears to enforcement

1. Establish Verzug — rent has not arrived after the third business day (§ 556b, § 286 BGB). Record the due date, the receipt, and the open amount.
2. Payment reminder / first Mahnung — a friendly notice with a concrete deadline. Often the payment was simply forgotten.
3. Formal Mahnung (§ 286 BGB) — in writing, stating the arrears, Verzugszinsen (§ 288 BGB), any Mahnkosten, and a final deadline. For legally relevant letters, send by Einschreiben (registered mail).
4. Calculate Verzugszinsen — 5 percentage points above the base rate (§ 288 Abs. 1 BGB), from the day of default on the outstanding amount.
5. Assess termination — if the arrears reach the threshold of § 543 BGB, you may terminate without notice (see below).
6. Judicial dunning procedure — if payment still fails to arrive, apply for a Mahnbescheid (§ 688 ZPO) to obtain an enforceable title.

At what level of arrears can you terminate without notice? (§ 543 / § 569 BGB)

A termination without notice for Zahlungsverzug is possible in two situations:

Situation	Requirement	§
Two consecutive due dates	arrears of more than one month's rent	§ 543 Abs. 2 Nr. 3 a, § 569 Abs. 3 Nr. 1 BGB
Over a longer period	arrears reach more than two months' rent	§ 543 Abs. 2 Nr. 3 b BGB

No prior Mahnung is required for the termination without notice. It takes effect immediately — but the tenant may still be able to avert it.

The Schonfristzahlung: how the tenant cures the termination (§ 569 Abs. 3 BGB)

If the tenant pays the entire Mietrückstand within two months after the eviction suit is served — or a public body (such as the Jobcenter) commits to pay — the termination without notice becomes void (§ 569 Abs. 3 Nr. 2 BGB). The tenancy then continues unchanged.

This Schonfristzahlung (grace-period payment) only works if the tenant has not already used it in the preceding two years. Under BGH case law, the Schonfristzahlung cures the termination without notice but not an ordinary Kündigung issued in the alternative. It is therefore common practice to terminate both without notice and, in the alternative, by ordinary notice.

Common mistakes with rent arrears and the Mahnung

• Misjudging Verzug by counting Saturdays as business days
• Terminating before the arrears reach the threshold of § 543 BGB
• Terminating only without notice, with no ordinary Kündigung in the alternative — exposing yourself to the Schonfristzahlung
• Calculating Verzugszinsen with the wrong base rate or the wrong start date
• Claiming Mahnkosten without ever having sent a Mahnung
• Failing to document the arrears, making them hard to prove in court

With HausMaus it's simpler

HausMaus detects a missing rent payment the moment it should have arrived and flags the Verzug at once. The app prepares the appropriate step — from a friendly payment reminder, to a formal Mahnung under § 286 BGB with calculated Verzugszinsen (§ 288 BGB), to a Mahnbescheid (§ 688 ZPO). Every letter is put before you for review first: nothing is sent without your approval. The arrears stay fully documented, and you keep control at every step.