Apply for Eviction Protection for Tenants in Germany
Many older tenants in Germany face the fear of termination and forcible eviction. This article explains clearly which documents you need to collect, which deadlines to observe and how to apply for eviction protection in time. I describe official forms, how to file an objection, which evidence (e.g. medical certificates, bank statements, correspondence) helps and which deadlines the local court sets. The goal is to give you practical steps: obtain forms, meet deadlines, keep files in order and seek legal help. This increases your chances of preventing an eviction or gaining time to find a joint solution with the landlord.
Which documents do you need?
- Rental agreement (copy of all relevant pages)
- Correspondence with the landlord: emails, letters and reminders
- Bank statements and proof of rent payments
- Medical certificates or care documents if health is affected
- Notices of social benefits, housing allowance or housing entitlement certificate
Deadlines and legal basis
Important are the statutory provisions in the BGB on tenancy and termination as well as the rules of the Code of Civil Procedure for eviction lawsuits. [1][2] In acute eviction threats, the competent local court decides in the first instance; eviction lawsuits and interim applications are also handled there. [3] Observe deadlines stated in the landlord's letter and the short periods for objections and responses. Respond in writing and on time, make copies of everything and record appointments and phone calls.
Which official forms are relevant?
For many seniors two forms are particularly important:
- Application for preliminary legal advice (Beratungshilfe): This form is available at the local court or advisory centres and helps to obtain affordable legal initial advice.
- Application for legal aid (Prozesskostenhilfe, PKH): With PKH, the costs for legal representation and court fees can be covered fully or partially.
Practical example: A senior receives a termination for alleged arrears. He collects rent receipts, bank statements, a medical certificate about limited payment ability and simultaneously files an application for preliminary legal advice at the local court to obtain immediate initial advice.
What to do shortly before an eviction lawsuit?
If you receive an eviction lawsuit, check the statement of claim carefully, note deadlines and seek legal advice immediately. File a response or an application for eviction protection within the stated deadline. Gather all evidence in an organized file and send copies to the court and landlord.
FAQ
- How quickly must I react if I receive a termination?
- React immediately: check the deadlines in the termination, contact legal advice and, if necessary, file an objection or response within the deadline.
- Which proofs help in an application for eviction protection?
- Bank statements, rental agreement copies, payment receipts, medical certificates and correspondence with the landlord are especially helpful.
- Can the local court temporarily suspend the eviction?
- Yes. Under certain conditions, the court can grant interim or suspensive eviction protection to buy time for a solution.
How-To
- Collect documents: rental agreement, bank statements, correspondence and medical certificates.
- Obtain legal initial advice: apply for preliminary legal advice or contact a tenants' advisory service.
- Fill out forms: apply for preliminary legal advice or legal aid (PKH) if necessary.
- Respond within deadlines: file a response, objection or interim application at the local court.
- Prepare for the hearing: present all evidence in order and name witnesses.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Laws online (BGB, ZPO)
- Federal Court of Justice (BGH)
