Defend Eviction Lawsuit: Evidence for Tenants in Germany
Many tenants in Germany suddenly face an eviction lawsuit and are unsure which evidence really protects them. This guide explains in plain language which documents, photos and witness statements you should collect, how to meet deadlines and where cases are heard at the local court. You will learn practical steps for organizing evidence, filing statements and preparing for an oral hearing. The goal is that you as a tenant can represent your rights clearly and in a structured way without prior legal knowledge. Read the checklist, use the provided templates and keep copies safe so you can respond quickly in an eviction case.
What is an eviction lawsuit?
An eviction lawsuit is the landlord's legal claim to regain possession of the apartment. Such proceedings are heard in the first instance at the local court. Civil procedure rules in the Zivilprozessordnung (ZPO)[2] govern the process and deadlines where tenants must respond.
Which pieces of evidence should you collect?
- Complete tenancy agreement and all addenda as document copies.
- Payment records: transfers, receipts and bank statements showing paid rent.
- Correspondence with the landlord: emails, letters and texts as proof.
- Photos and videos of the apartment, defects or damage with dates.
- Reports of defects and repair invoices showing you reported problems.
- Witness statements recorded in writing: names, contact details and short descriptions of events.
Detailed documentation increases your chances of success in court.
How to store evidence correctly?
Sort receipts chronologically, create digital backups and name files clearly (e.g. "rent_2024-05.png"). Keep a dedicated folder for reminder letters and payment proofs so you can present arguments quickly before the local court. Legal basics on tenancy can be found in the Bürgerliches Gesetzbuch (BGB)[1].
FAQ
- How quickly must I react if I receive an eviction lawsuit?
- Read the complaint immediately and note the deadlines listed; there are usually short response periods in civil proceedings. Seek legal advice if necessary.
- Which evidence is most important?
- The most important items are the tenancy agreement, payment proofs, written defect reports and photos of all relevant apartment conditions.
- Who decides on eviction lawsuits?
- The competent local court decides in the first instance; judgments can be appealed under certain conditions.
How-To
- Note deadlines: Check the complaint for dates and deadlines and mark them immediately.
- Collect evidence: Create a folder with the lease, payment proofs, photos and correspondence.
- Respond in writing: File a statement or reply with the court and keep copies.
- Prepare for the hearing: Note your main points, summon witnesses and organize evidence for presentation.
- Seek help: Contact an advice center, tenants' association or legal advice if unsure.
