Behavioral Eviction: Tenant Rights in Germany

If a landlord issues a termination for alleged misconduct, careful documentation and clear steps are essential for tenant families in Germany. Collect the lease, payment records, correspondence and chronological incident logs; note date, time, participants and observations. Keep photos, videos and witness statements and send important declarations by registered mail. The legal basis is found in the Civil Code; procedural rules apply under the Code of Civil Procedure.^[1]

What tenants should document now

• Keep a copy of the lease and any amendments.
• File all letters and emails with dates and times in chronological order.
• Take photos or videos of damage, noise or incidents and secure them.
• Name witnesses with contact details and collect short written statements.
• Collect receipts for rent payments, deposit records and utility payments.
• Send all time-sensitive letters by registered mail with return receipt and keep proof of receipt.

How to store evidence securely

Digitize documents and create at least one backup copy (e.g., external drive or cloud). For photos/videos, use timestamps or add brief notes about who recorded them. Keep physical originals separate from copies. If possible, maintain a simple logbook where you record incidents briefly and factually.

Administrative steps and deadlines

Landlords must plausibly state reasons for termination; tenants can contest and defend against an eviction suit if the termination is invalid. Procedural rules of the Code of Civil Procedure apply; tenancy disputes are usually first heard at the local court (Amtsgericht).^[2]

• Check the notice period and act quickly to avoid missing deadlines.
• Send a factual response to the landlord within a short timeframe and document the dispatch.
• Seek legal advice or counseling and verify applicable deadlines.
• Prepare for possible court proceedings: organize witnesses, evidence and a clear chronology.

Important forms and when to use them

• Complaint for eviction (Räumungsklage): filed by the landlord to obtain an eviction; as a tenant, keep all relevant evidence ready for your defense.
• Application for interim injunction: only for urgent situations (e.g., imminent immediate eviction); use this if an immediate court decision is necessary.
• Forms for court submissions: use the standard civil procedure forms available on justice portals when filing documents in court.^[3]

FAQ

Do I have to accept a behavioral termination immediately?

No. Do not accept the termination prematurely; collect evidence, submit a written response and seek legal advice if necessary. A termination is only effective if formal and substantive requirements are met.

Which deadlines are most important?

Pay attention to any deadlines stated in the termination and act quickly to prepare a response. Court deadlines follow the rules of the Code of Civil Procedure.

Who decides on eviction suits?

The local court (Amtsgericht) is competent in the first instance; appeals go to the regional court and possibly the Federal Court of Justice.

How-To

1. Collect documents: lease, payment receipts, correspondence and photos.
2. Create an incident log: record date, time, participants and a short factual description.
3. Send important letters by registered mail and keep proof of receipt.
4. Obtain advice and verify deadlines, for example from legal aid or an attorney.
5. For court hearings present witnesses and documents in an organized, chronological manner.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Justizportal: Formulare für civil procedure

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Justizportal: Formulare für zivilrechtliche Verfahren