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Landlord's Lien in Germany: Rules and Deadlines 2026

Last updated: 9 October 2026 · Reading time approx. 8 minutes

The tenant is three months behind on rent, the van is parked outside — and half the furniture is already being loaded. May you stop it? Within narrow limits, yes. This article shows what the German landlord's lien (Vermieterpfandrecht) actually secures, which goods are exempt from the outset, which one-month deadline quietly extinguishes it, and where well-meant initiative turns into liability for damages.

The lien arises automatically — nothing needs to be agreed

Under § 562(1) sentence 1 BGB the landlord has, "for his claims arising from the tenancy, a lien on the things brought in by the tenant". It arises by operation of law the moment the tenant moves his belongings into the flat or onto the land. No clause in the tenancy agreement is needed — and conversely, a clause cannot create anything the statute does not already provide.

All claims from the tenancy are secured, not just the rent itself — arrears from the service-charge statement and damages for harm to the let property too. Two things fall outside: under § 562(2) BGB the lien cannot be asserted "for future claims for compensation and for the rent for a period later than the current and the following rental year". Future rent from a ten-year lease terminated early is therefore not secured.

Which goods are exempt from the outset

This is the most common misconception: the lien is not access to everything standing in the flat. § 562(1) sentence 2 BGB carves out whatever a bailiff could not attach either — "It does not extend to the things that are not subject to attachment." The catalogue sits in § 811 ZPO, and it is long.

Not coveredBasisWhat that means in practice
Everyday household goods § 811(1) no. 1(a) ZPO Things needed for "a modest standard of living and housekeeping" stay free — bed, clothing, fridge, cooker, crockery. So most of a flat's contents.
Tools of the trade § 811(1) no. 1(b) ZPO Whatever the tenant needs "for the pursuit of gainful employment" or related training — a tradesperson's tools, the home-office computer.
Health, faith, keepsakes § 811(1) no. 1(c) and (d), no. 7 ZPO Things needed "for health reasons", objects of religious veneration up to a value of 500 euros, plus wedding rings, orders and decorations.
Animals § 811(1) no. 8 ZPO Animals not kept for commercial purposes, together with their feed and bedding. The tenant's dog is not security.
Things the tenant does not own § 562(1) sentence 1 BGB The statute speaks of the things of the tenant. Leased machinery, goods supplied subject to retention of title or a partner's furniture are therefore not covered as a matter of course.
A second creditor partly ranks ahead. If another creditor attaches an item subject to the landlord's lien, § 562d BGB bars the landlord from asserting his right against that creditor "on account of the rent for a period earlier than the last year before the attachment". Old arrears thus lose their priority in a race with other creditors.

The two deadlines on which the lien quietly dies

The lien attaches to where the goods are, not to the contract. § 562a sentence 1 BGB: "The landlord's lien is extinguished when the things are removed from the land, unless this occurs without the landlord's knowledge or against his objection." Under sentence 2 the landlord may not object "if it is consistent with ordinary living conditions or if the things remaining behind are obviously sufficient to secure the landlord". Taking a bicycle in for repair needs no permission.

Where goods were removed secretly or against the landlord's objection, a claim for their return exists — but only briefly. § 562b(2) sentence 2 BGB: "The lien is extinguished on the expiry of one month after the landlord becomes aware of the removal of the things if he has not previously asserted this claim in court." A solicitor's letter does not suffice. The day you learned of the clearance is therefore the single most important date in the whole matter — write it down at once.

Holding on, yes — clearing the flat, no

§ 562b(1) BGB gives the landlord an unusually sharp right: he "may prevent the removal of the things subject to his lien, even without recourse to the court, to the extent that he is entitled to object to the removal. If the tenant moves out, the landlord may take these things into his possession."

That right ends at the front door. The flat is in the tenant's possession; entering and emptying it without consent is unlawful interference with possession under § 858(1) BGB. The general right of self-help in § 229 BGB does not help, because it applies only where "official assistance cannot be obtained in time" — and whoever can call a locksmith can also go to court. Anyone mistaken about this is liable in damages under § 231 BGB "even if the mistake is not due to negligence".

Realising the pledge: notice, one month, public auction

Possession is not yet money. For realisation, § 1257 BGB refers to the ordinary pledge: "The provisions on a pledge created by legal transaction apply with the necessary modifications to a pledge created by operation of law." A fixed sequence follows.

  1. Wait for the claim to fall due. The pledgee may sell only "as soon as the claim is due in whole or in part" (§ 1228(2) BGB).
  2. Give notice of the sale. The sale must be "threatened beforehand", stating the sum for which it is to take place (§ 1234(1) BGB).
  3. Wait one month. "The sale may not take place before the expiry of one month after the notice" (§ 1234(2) BGB).
  4. Sell at public auction. "The sale of the pledge is to be effected by way of public auction" (§ 1235(1) BGB). Selling privately instead is not a lawful disposal under § 1243(1) BGB. With an enforceable title against the owner, the sale may also follow the enforcement rules (§ 1233(2) BGB).

Insofar as it is due to the creditor, the proceeds count as payment by the owner (§ 1247 BGB). Until then the landlord pays for transport, storage and the auction.

What the lien is actually worth in money

Do the arithmetic before you start. An example with a net rent of €780 and three months outstanding:

ItemAmount
Net rent outstanding (3 × €780)€2,340
Expected auction proceeds of the furniture left behind€400
Transport, storage, auctioneer−€350
Net amount credited against the claim€50

Used furniture fetches little at auction, and the attachment-free items from the table above are not in the lot anyway. For residential lettings the security deposit is therefore the more effective protection: under § 551(1) BGB it may amount to "at most three times the monthly rent excluding the service charges shown as a lump sum or as advance payments" — in the example exactly the three months outstanding, immediately and without an auction.

The lien shows its strength where real value stands around: in commercial lettings, with machinery, stock and vehicles.

The tenant can avert the lien

Under § 562c BGB the tenant may "avert the assertion of the landlord's lien by providing security", and: "He may free each individual thing from the lien by providing security in the amount of its value." For the landlord that is not a loss but the better outcome — cash instead of second-hand furniture. So state the secured claims by type and amount from the start, so the tenant can actually use that option. The decision that really matters remains termination for rent arrears, and that follows rules of its own.

What the courts have decided

Two decisions of the Federal Court of Justice (Bundesgerichtshof, BGH) mark the outer limits: one shows how mobile the lien is, the other how expensive enforcing it single-handedly becomes.

BGH, judgment of 6 December 2017 – XII ZR 95/16

The landlord's lien covers "vehicles of the tenant as well, which are regularly parked on the leased land". It is extinguished, however, where the vehicle "is removed from the leased land for the purpose of a journey — even if only temporarily", and arises anew once it is parked there again. For landlords of commercial space: the company car in the yard is security — but only while it stands there. Wait, and you are negotiating with a pledge that drives off every morning.

BGH, judgment of 14 July 2010 – VIII ZR 45/09

A landlord's "high-handed taking of possession of a flat not covered by a court order, and its high-handed clearing out, constitutes impermissible self-help, for the consequences of which the landlord is liable under § 231 BGB irrespective of fault". The second half is harsher still: anyone proceeding that way must, at the moment of taking possession, draw up "an informative inventory of the items taken into safekeeping" and have their value estimated; otherwise he must prove how far the stock and value differ from the tenant's plausible statements. In practice: without an eviction order the door stays shut — and whoever stores goods after a move-out draws up a dated inventory with photographs before anything is moved.

Frequently asked questions

Does the landlord's lien have to be in the tenancy agreement?

No — it arises by operation of law under § 562(1) BGB when the goods are brought in. A contractual clause cannot widen it: attachment-free goods and the limit in § 562(2) BGB stay outside either way.

May I lock the flat so that nothing disappears?

Not against the tenant's will. He is the possessor of the flat; locking him out is unlawful interference with possession under § 858(1) BGB, and the landlord is liable for the consequences under § 231 BGB irrespective of fault (BGH, VIII ZR 45/09). § 562b(1) BGB permits preventing the removal of individual items — not occupying the flat.

How long do I have if the tenant moved out overnight?

One month from learning of the removal — and within that month the claim for return must be asserted in court, otherwise the lien is extinguished (§ 562b(2) sentence 2 BGB).

Can I simply sell the furniture left behind?

No. Through § 1257 BGB the rules on the sale of a pledge apply: notice stating the sum, one month's wait, then public auction (§§ 1234, 1235 BGB). A private sale is not lawful under § 1243(1) BGB.

Does the lien also cover goods the tenant has leased?

§ 562(1) sentence 1 BGB names the things brought in by the tenant. Property belonging to someone else is therefore not covered as a matter of course — with leased machinery or goods under retention of title, that is the first question to settle.

Rent arrears, deposits and invoices per property

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Sources

This article offers general orientation and does not replace individual tax or legal advice within the meaning of § 3 StBerG. Whether a particular item is attachment-free, and whether a course of action holds up, depends on the specific facts — the figures in the worked example are illustrations, not empirical values.