Tenants who are given immediate (extraordinary) notice of termination due to rent arrears can usually still undo this. To do so, they must pay the rent arrears within two months. This practice is known as grace period payment.
However, the grace period payment does not apply if the tenants are also given an ordinary notice of termination in addition to the notice without notice. In this case, the tenants still have to move out. This was recently decided by the Federal Court of Justice in Karlsruhe (BGH, VIII ZR 91/20).
In the case at hand, the defendant received a termination without notice, alternatively ordinary termination, from his landlord (plaintiff) when rent arrears of 2,600 euros accrued. The defendant had reduced the rent in 2018 due to alleged defects. He settled the rent arrears after receiving the eviction action. The landlady had already sued for payment and eviction in previous instances and was finally granted justice by the Federal Court of Justice.
Source: BGH, AZ: VIII ZR 91/20/hausundgrundneuss.de/hausundgrundmietverträge.de
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