Apply for Legal Aid for Tenants in Germany
What is legal aid (Prozesskostenhilfe)?
Legal aid (PKH) helps people with low income cover the costs of civil proceedings. For tenants, PKH is relevant if you must defend yourself against termination, an eviction lawsuit, or unjustified claims. The legal basis for tenancy obligations and claims is in the Civil Code (BGB) and the rules for PKH procedures are in the Code of Civil Procedure (ZPO). [1][2]
Which documents do you need?
- Income proofs (document): payslips, unemployment or pension notices as proof of income.
- Copy of the lease (rent): current lease and any additional agreements on service charges or indexed rent.
- Damage photos (photo): dated photos with short notes about place and type of damage.
- Application for legal aid (form): completed PKH form with signature and attachments.
- Proof of arrears (rent): reminders, bank statements or payment reminders.
- Witness statements or reports (evidence): written statements from neighbors, caretakers or tradespeople.
Practical examples and forms
Example: You receive an eviction suit for alleged arrears. You complete the "Application for Legal Aid", attach income proofs, bank statements and the complaint, and submit everything to the competent local court. A PKH application asks about income, assets and maintenance obligations; provide truthful and complete information or the application may be denied. [2][3]
Frequently Asked Questions
- What does submitting the application cost me?
- Applying itself is free for eligible persons; in case of rejection, court costs may later be charged.
- Which authority decides on PKH?
- The competent local court (Amtsgericht) decides on the granting of legal aid in the procedure.
- Can I submit documents later?
- Yes, missing proofs can usually be submitted later; name a contact at the court and explain the delay in writing.
How-To
- Collect all relevant forms and proofs such as lease, payslips and landlord letters.
- Fill out the PKH form completely and sign it.
- Submit the application and attachments to the competent local court or electronically if available.
- Observe deadlines and respond promptly to court queries.
- Use support from tenant associations or advisory services if uncertain.
Help & Support / Resources
- [1] Civil Code (BGB) §§535–580a
- [2] Code of Civil Procedure (ZPO) §§114–124
- [3] Federal Court of Justice (BGH) — information