Apply for Eviction Protection: Tenants in Germany

As a tenant in Germany, the announcement of a termination or an impending eviction can be very stressful. This guide explains in clear, practical terms how to react before signing, what rights you have and how to apply for eviction protection. You will learn which deadlines apply, which official forms are important and when the local court or higher instances become involved^[2]. Evidence of payments, defects and correspondence is particularly important because these documents support applications and defenses. The following steps show how to meet deadlines, apply for legal aid and respond to an eviction lawsuit — including concrete references to BGB paragraphs that govern your tenancy^[1].

What is eviction protection and when does it help?

Eviction protection means that a tenant uses a judicial or extrajudicial measure to prevent or delay immediate vacating of the apartment. In practice this can be an objection, a statement of defense or an application for interim relief. If landlords terminate, the regulations on the tenancy relationship in §§ 535–580a BGB apply^[1]. In court proceedings the local court (Amtsgericht) is responsible; appeals and precedents can reach the Federal Court of Justice (BGH)^[3].

Important official forms and applications

For many steps there is no single "eviction protection form number", but tenants should know the following official forms:

• Application for legal aid (Prozesskostenhilfe, PKH) – requests support for court and attorney costs; relevant if you cannot afford a lawyer^[4].
• Statement of defense / written response – submitted to the local court as a reaction to an eviction lawsuit.
• Evidence documents: bank statements, transfer receipts, defect reports and correspondence with the landlord (as attachments to the defense).

Practical steps: quick check before signing

Before you sign anything, carefully check the reasons for termination and deadlines. Do not sign agreements that require immediate moving out without consultation. Request copies of all relevant documents, note dates and seek legal advice if possible. Consider applying for legal aid if you need financial support^[4].

Concrete steps if eviction is threatened

Preparation

• Collect payment receipts, rental agreement, correspondence and photos of defects.
• Record deadlines and dates (e.g., date of receipt of termination or service).

Administrative and court actions

• Check whether you must file a statement of defense within the stated deadlines.
• Contact the competent local court to learn about the procedure and filing modalities^[2].

Example case

Mr. K. receives an ordinary termination for alleged arrears. He checks bank statements, finds an accounting error and files a statement of defense within the deadline with copies of the evidence. He also applies for legal aid because he cannot cover court costs. The local court schedules a hearing; in the proceedings it is explained that the termination is not effective because the claim was unclear. In many cases such documents help to avert a rapid eviction.

FAQ

How quickly must I react if I receive a termination?

You should immediately note deadlines and promptly check whether a statement of defense or an application for interim relief is required; contact the local court or a counseling office.

What role does the local court play?

The local court is the first instance for eviction lawsuits; it examines facts and may order an eviction or dismiss the case.

Is there financial help for tenants during proceedings?

Yes, you can apply for legal aid (Prozesskostenhilfe, PKH) if your means are insufficient; the form and guidance are available from official sources.

How-To

1. Check deadlines (deadline): document letters and service dates immediately.
2. Collect documents: tenancy agreement, transfers, photos, defect reports.
3. If necessary, file a statement of defense or application for interim relief at the local court.
4. Apply for legal aid if you cannot afford the costs^[4].
5. If possible, obtain legal advice and observe deadlines.

Help and Support / Resources

• [1] BGB §§ 535–580a — gesetze-im-internet.de
• [2] ZPO — gesetze-im-internet.de
• [3] Federal Court of Justice — bundesgerichtshof.de
• [4] Information on legal aid (PKH) — bmj.de

1. [1] BGB §§ 535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de
4. [4] Information on legal aid (PKH) — bmj.de