Conversion Moratorium: Tenant Protection in Germany

Many tenants in Germany face the question of whether they can use the statutory conversion moratorium to oppose evictions and ownership changes. This guide explains in practical terms what moratoriums mean, which deadlines and proof obligations to observe, and which judicial and out-of-court steps are possible. It is aimed at tenants without legal expertise and provides clear action instructions, examples from cities, references to official forms, and tips for evidence preservation. Concrete templates and links to official authority forms help with quick responses. Practical deadline examples show how long tenants have to initiate countermeasures. Cases of renovation and owner move-in are also explained.

What is the moratorium?

The moratorium offers tenants temporary protection against certain terminations or conversions, for example after plans for ownership conversion or modernization. Fundamental rules on tenancy agreements and landlord obligations are found in §§ 535–580a of the Civil Code (BGB)^[1], which also regulate termination protection and maintenance. In practice this means: landlords cannot immediately terminate for every planned conversion; transitional and protection periods often apply.

When does it apply and who is responsible?

Moratoriums apply at different times depending on state law or contractual agreement, for example after a legally effective order or after delivery of conversion documents. Local courts (Amtsgerichte) are responsible for tenancy disputes in first instance; for appeals the regional courts and the Federal Court of Justice are the higher instances^[2][3]. Pay close attention to deadlines: missing a deadline can forfeit claims.

Immediate steps for tenants

• Check all deadlines and delivery confirmations immediately (deadlines).
• Secure evidence: photos, correspondence, payment receipts and handover records (evidence).
• Record and file formal objections or notices in time (form).
• Ask the competent local court about jurisdiction and required claim forms (court).

Forms and templates (when to use which form?)

Important official forms include the claim form for civil cases at the local court and the payment order application for outstanding claims; concrete forms are available on official portals and court pages^[4]. Example: If a termination is served on you, you can respond with a timely objection or file a claim at the local court; the claim form helps to formally state your position.

Evidence preservation and documentation

Collect dates, times, photos, emails and witness statements systematically. Create a simple event list and keep receipts. This documentation is often decisive in proceedings before the local court or in settlements.

FAQ

What is a moratorium?

A moratorium is a temporary protection against certain terminations or enforcement measures after conversions; exact requirements are governed by the BGB and relevant provisions.^[1]

How long does the moratorium last?

The duration depends on the specific facts, state law and contract clauses; check deadlines immediately and notify the local court if unsure.^[2]

Which court has jurisdiction?

The local court (Amtsgericht) is usually the first instance for tenancy disputes; regional courts or the Federal Court of Justice may decide on precedent cases.^[3]

How-To

1. Check deadlines and services immediately (deadlines).
2. Secure all evidence, photos and correspondence (evidence).
3. Prepare formal objections or the claim form and file them on time (form).
4. If necessary, contact the local court or legal counsel and file the claim (court).

Help and Support / Resources

• Gesetze im Internet  BGB  535 60 60a
• Gesetze im Internet  ZPO
• Serviceportal Bund  Forms and court information

1. [1] Gesetze im Internet - BGB  9 535 60 60a
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - Jurisdiction and decisions
4. [4] Serviceportal Bund - Forms and justice information