Checklist: Apply for Legal Aid for Tenants in Germany
As a tenant in a shared flat (WG) in Germany, you may need to apply for legal aid (Prozesskostenhilfe, PKH) if you plan legal action regarding rent reduction, protection against termination, or an eviction case. This checklist explains in clear steps which documents courts require, how to collect income statements, the lease, and powers of attorney, and which deadlines apply. I present simple wording for applications, how to describe the shared WG situation, and which official forms are relevant. The goal is for WG members to be prepared, submit the application without errors, and improve their chances of approval. If unclear, we provide authority contacts and link official forms so you attach the correct proofs.
What is Prozesskostenhilfe?
Legal aid (Prozesskostenhilfe, PKH) allows needy persons to conduct court proceedings without bearing the full costs themselves. It covers court and attorney costs wholly or partly; the legal basis is found in the Code of Civil Procedure. In tenancy disputes, the local Amtsgericht usually decides on PKH and on the admissibility of the lawsuit.[2]
Legal aid can also be granted to WG members if individual need is established.
Which documents does the WG need?
- Copy of the lease for all WG members (document).
- Proofs of income and bank statements of the applicants, e.g. the last three payslips or benefit notices (payment).
- Fully completed application for legal aid (application form) with a short statement of facts and reasoning (form).[2]
- Evidence of defects, rent reductions, correspondence with the landlord and photo or video records (document).
- Powers of attorney or consents if one WG member files the application on behalf of others (contact).
Clarify internally in advance who signs the applications and which documents are collected centrally.
Authority and Court
Tenancy disputes are first heard at the Amtsgericht; it also rules on legal aid. The statutory duties of landlords and tenants are set out in the Civil Code, notably in §§ 535–580a of the BGB.[1]
Respond promptly to court requests, otherwise you risk rejection of the application.
FAQ
- Who can apply for legal aid?
- Basically any needy person, including individual WG members who cannot afford the costs of proceedings themselves.
- Do I have to repay the costs later?
- If your financial situation improves later, part of the granted aid can be reclaimed; the court decides individually.
- How long does the decision take?
- The court reviews the documents; durations vary, expect several weeks to months.
How-To
- Collect all documents: lease, proofs, photos and correspondence (document).
- Complete the application form and briefly substantiate your claim (form).
- Send the fully signed application to the competent Amtsgericht and keep proof of submission (calendar).
- Provide additional evidence upon request and prepare for a possible court hearing (court).
Help and Support
- Civil Code (BGB) — Gesetze im Internet
- Code of Civil Procedure (ZPO) — Gesetze im Internet
- Federal Court of Justice (BGH) — Decisions and Information
