Challenge Tenant Eviction: Checklist Germany
If you, as a tenant in Germany, receive a conduct-based eviction, quick and structured action is important. This checklist explains step by step which rights tenants have, which deadlines apply and which evidence you should collect. You will read how to check eviction letters, which official sample forms are available and when to involve a lawyer or the local court. The aim is to give you clear actions so you can meet deadlines, file objections or respond in court. I name specific form titles, link to official sources and explain how to document photos, witness statements and rent payments.
What to do for a conduct-based eviction?
First check the eviction letter carefully: date, addressee, reason for eviction and deadline. Conduct-based evictions can fall under different BGB rules; check the relevant paragraphs and note deadlines and delivery times.[1] Immediately collect evidence such as photos, messages or witness statements and secure bank statements for rent payments.
- Check the eviction letter (notice)
- Note deadlines and clarify when they start (deadline)
- Gather evidence: photos, messages, witnesses (evidence)
- Check payment records and deposit (rent)
- Download templates and objection letters (form)
- Contact a lawyer or local court if unclear (court)
- Consider alternatives: moving or mediation (move-out)
Forms and deadlines
Important forms include: sample eviction letter, objection or response letters, and the claim form for eviction lawsuits. Claims and procedural rules are governed by the Code of Civil Procedure; check the formal requirements and deadlines there.[2] Housing disputes are usually heard at the local court; find out which local court is competent in your area.[3]
- Eviction letter: sample from the BMJ, useful to check form and deadline; example: verify whether a warning preceded the eviction and whether deadlines were stated correctly.
- Objection letter: template for a written rebuttal, which you should send by registered mail.
- Eviction claim forms: filing at the competent local court if the landlord brings a suit.
Frequently Asked Questions
- Can I object to a conduct-based eviction?
- Yes. You can send an objection or statement to the landlord and submit evidence; if necessary, the matter will be decided at the local court.
- What evidence is important?
- Photos, messages, witness statements, handover records and bank statements for rent payments are central pieces of evidence.
- Which deadlines apply?
- Deadlines depend on the reason for eviction; note the delivery date and act within the indicated deadlines, otherwise claims may expire.[1]
How-To
- First check: read the eviction, determine delivery date and note deadlines (deadline)
- Secure evidence: take photos, save messages and name witnesses (evidence)
- Obtain forms: review and prepare templates for objection and claim (form)
- Contact: inform a lawyer or the competent local court if unsure (court)
- Prepare: organize documents, make copies and consider alternatives like mediation (move-out)
Help and Support / Resources
- Gesetze im Internet: BGB
- Justizportal of the Federal Government and States
- Federal Court of Justice: Decisions
