Apply for Eviction Protection 2025 — Tenants in Germany
If a landlord terminates the tenancy or an eviction is imminent, tenants in Germany need clear steps and reliable information. This article explains how to apply for eviction protection in 2025, which deadlines and reasons matter, and which official forms and proofs are required. I describe in plain language when grounds of hardship apply, how to collect evidence and how the local court (Amtsgericht) proceeds with eviction cases. The guide is aimed at tenants without legal background and gives practical examples — for instance partial payment of arrears or setting deadlines for health-related repairs. At the end you will find a step-by-step guide, an FAQ section and official links to the BGB and the ZPO. The tips help you meet deadlines, reduce costs and better understand legal issues.
What is eviction protection?
Eviction protection means that a tenant can take measures to prevent or delay immediate forced eviction. Legal bases for tenancy law are found in the Civil Code (BGB).[1] Procedural rules for lawsuits and enforcement are regulated in the Civil Procedure Code (ZPO).[2]
When do hardship grounds apply?
Hardship grounds can prevent immediate enforcement of an eviction or allow an eviction deadline. Typical reasons include serious illnesses, impending homelessness, severe family problems or disproportionate hardship due to a short notice period.
- Serious illness or need for care of a household member
- Sudden inability to pay due to job loss or short-time work
- Uninhabitability due to defects (e.g. heating failure, mold)
- Short deadlines that make a humane solution impossible
What to prepare
Collect evidence: medical certificates, rent payments, correspondence with the landlord, photos of defects and witness statements. These documents are important for applications to the local court and are often decisive for whether eviction protection is granted.
- Medical certificates, care documentation or attestations
- Receipts, bank statements and proof of rent payments
- Correspondence with the landlord and the termination letter
How to respond: First steps
Act quickly: Deadlines are short and mistakes can reduce your chances. First contact the landlord in writing and offer solutions (partial payment, installment agreements). If this is not possible, prepare a formal response and seek legal advice or counselling services.
- Contact the landlord and document every conversation
- Check whether a security payment or partial payment is possible
- Prepare a written response to the termination
FAQ
- Can I immediately apply for eviction protection against a termination?
- You should react immediately. A formal application to the local court or a written rebuttal to the landlord is usually required to keep deadlines.
- Which forms do I need for an eviction suit or defence?
- There is no nationwide "eviction protection form"; use the complaint or response form at the competent local court and attach your evidence.
- Do I always have to appear at the court hearing?
- Yes, personal appearance or a representative is important: the court often decides on interim measures at the hearing.
How-To
- Collect all relevant documents (medical certificates, bank statements, photos).
- Contact the landlord in writing and propose solutions like partial payments.
- File a response or complaint at the competent local court and attach copies of the evidence.
- Attend the court hearing and request provisional eviction protection if necessary.
- Consider negotiations or installment agreements as an alternative to enforcement.
Help and Support
- Civil Code (BGB) – gesetze-im-internet.de
- Civil Procedure Code (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
