Defend Eviction Suit: Senior Tenants in Germany

Older tenants in Germany often face particular challenges when an eviction suit is threatened. This guide explains in plain language which first steps you can take immediately, which deadlines are important and which legal bases (BGB, ZPO) support your rights. It is aimed at non-lawyers and shows practical measures: documentation, communication with the landlord, keeping deadlines and how to prepare possible defenses. You will also find notes on official forms and the competent local court so that you can react in time and obtain professional advice. Stay calm, act methodically and use the public resources available in Germany.

What is an eviction suit?

An eviction suit is the landlord's claim to terminate the tenancy and regain possession of the dwelling. It is dealt with under civil law in court; central rules are found in the Civil Code (BGB) for tenancy and in the Code of Civil Procedure (ZPO) for procedure.^[1][2] Seniors should know: an eviction suit is a formal process with fixed deadlines and often a possible subsequent enforcement proceeding.

Immediate measures for seniors

• Collect documents: lease, utility statements, payment receipts and photos as evidence.
• Check deadlines: submit an objection or statement of defense within the days stated.
• Obtain forms: check and correctly complete templates for statements of defense.
• Seek help: contact tenant advice, social services or legal advice for support.

Practical example

If the landlord terminates for arrears, present payment evidence and contact the court to meet the deadline for a statement of defense. A written payment agreement can often prevent an immediate eviction.

Defenses and evidence

Possible defenses include formal defects in the termination, already paid rents, significant defects in the apartment or lack of prior warning. Collect the following evidence:

• Correspondence and statements as evidence and proof.
• Defect documentation: photos of mold or broken heating, repair notifications and appointments.
• Witnesses: names and contacts of neighbors or tradespeople as support.

How does the procedure at the local court work?

Eviction suits are usually heard at the competent local court; for higher instances, regional courts and the Federal Court of Justice are relevant for legal questions and precedents.^[3][4] Typical steps: filing of the complaint by the landlord, service to the tenant, possibility to file a statement of defense, possibly an oral hearing and judgment. Observe court dates and the possibility to apply for support or advice from the social welfare office.

Forms & deadlines

• Statement of defense: obtain templates or forms from the competent court and file them within the deadline.
• Objection deadlines: respond within the days stated in the service documents.
• Application for legal aid: if funds are lacking, check the application for legal aid at the court.

Frequently Asked Questions

Can I, as a senior, file an objection to an eviction suit?

Yes. You can file a statement of defense at the local court and present defenses; check deadlines and, if necessary, legal aid.

Do I have to move out immediately if the judgment is against me?

Not always immediately: often there are remedies or deadlines before enforcement; check the judgment carefully and seek legal advice.

Where can I get official forms and help?

Official forms are available at the competent local court or on justice portals; social welfare offices and bailiffs provide information on deadlines and options.

How-To

1. Collect documents: lease, payment receipts and photos as evidence.
2. Meet deadlines: file a statement of defense or objection within the days provided.
3. Get advice: contact tenant counseling, social services or a lawyer for assistance.
4. Fill out forms: submit the statement of defense and, if applicable, an application for legal aid to the court.

Help and Support / Resources

• BGB and tenancy law – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official Decisions
4. [4] Information on courts and jurisdictions - Justizportal