Defend Against Eviction: Tenant Help in Germany
What to do if you receive an eviction suit?
If you as a tenant receive an eviction suit, first check the service, the stated deadlines and the formal details of the claim. Read the document carefully, note dates and collect evidence immediately such as photos, payment receipts and messages. If unclear about court jurisdiction or legal bases, promptly consult the BGB and ZPO information[1][2]. Contact local advisory services and check whether an objection or a statement of defense is appropriate.
- Check deadlines (time) and determine when they start.
- Collect evidence (evidence): photos, defect reports, payment receipts.
- Document rent payments (rent, payment) and explain any arrears.
- Prepare forms and letters (form): statement of defense or settlement offer.
Key legal bases
The essential tenancy law provisions are in the Civil Code (BGB) §§ 535–580a; civil procedure and enforcement rules are in the Code of Civil Procedure (ZPO). The claimant must prove service and claims; a defendant should look for procedural errors and missed deadlines. Much can be achieved in the first written response, so a well-structured statement of defense is important.[1][2]
Which courts are competent?
Rental disputes are normally heard at the local court (Amtsgericht); appellate courts are the regional court (Landgericht) and, for precedent-setting issues, the Federal Court of Justice (BGH). Check the competent Amtsgericht before submitting documents.[3]
Practical defense strategies
An effective defense combines facts, deadlines and communication: a clear chronology, provable payments, defect reports, and pointing out procedural errors by the opposing party. If rent reduction or counterclaims apply, document causes and timeframes precisely. In many cases a settlement helps: evaluate offers carefully and keep deadlines in view.
- Create a chronology (evidence) with date, time and type of proof.
- Collect defect reports (repair) and document repair deadlines.
- Fill out forms correctly (form) and attach copies.
FAQ
- What is an eviction suit?
- A landlord's lawsuit to enforce surrender of the apartment and often to obtain eviction and claims.
- Which deadlines must I observe?
- Check the deadlines stated in the court letter for a response or payment; failure can trigger enforcement.
- Where can I get help?
- Contact the competent Amtsgericht, local tenant advice, or the court's legal application office.
How-To
- Note deadlines immediately (time) and set calendar reminders.
- Gather all evidence (evidence): photos, defect reports, payment receipts.
- Check jurisdiction and prepare an objection or statement of defense (form).
- Seek advice (help): contact tenant association, lawyer, or court legal aid office.
