Defend Eviction Suit: Tenant Rights in Germany

As a tenant in Germany, this practical, easy-to-understand guide explains which documents and deadlines matter when you need to defend an eviction suit. Many proceedings rely on written evidence such as the lease, payment records, or defect documentation; others concern deadlines in civil procedure and statutory provisions of tenancy law.^[1] This text explains which documents to collect, which deadlines at the local court to observe, and which steps often help so you can stay prepared and defend your home.^[2]

Important documents to collect

Prepared documents increase your chances of successfully defending an eviction suit. Keep the following records ready and make a clear timeline of events.

• Lease agreement and all amendments, including written exchanges with the landlord.
• Receipts and bank statements for rent payments, deposit and utility charges.
• Photos, videos and written defect notifications (e.g. mold, heating failure).
• All terminations, reminders and notices received from the court.

Deadlines and appointments

In an eviction case there are fixed deadlines: service of documents, reply periods and possibly hearing dates. Do not miss deadlines; timely responses are essential.

• Respond promptly to served documents; check the deadline in the letter and note the service date.
• Attend court hearings on time or arrange representation, otherwise claims may be decided without your input.
• Against enforcement measures, short-term remedies or applications may be available.

Practical steps to defend

These steps help you act in an organized way and build your defense.

1. Collect all relevant documents and make copies.
2. Draft a short written reply to the claim or prepare a statement of defense and file it with the competent local court.
3. If needed, request an extension of time from the court early.
4. Use the opportunity to obtain advice from official agencies or the courts.
5. Prepare for the hearing: chronology, evidence and witnesses.
6. Check whether social hardship or housing entitlement rules might apply to prevent eviction.

Which authorities and courts are responsible?

Tenancy disputes with eviction suits are heard in the first instance at the local court (Amtsgericht). Higher instances are the regional courts (Landgericht) and, for fundamental legal issues, the Federal Court of Justice.^[3]

FAQ

Can I stay if I received a summary termination?

Yes, a summary termination can be invalid if the landlord does not prove the required grounds; present relevant evidence and have the termination reviewed.

Do I have to pay before the court date?

Not automatically; often the legal situation is decided first. However, a payment judgment can lead to enforcement later if unpaid.

Who bears the burden of proof?

Generally the plaintiff (landlord) must present and prove the claim; in some matters tenants may need to provide evidence as well.

How-To

1. Record the date of service immediately and read the claim fully.
2. Collect the lease, payment records and defect documentation.
3. Prepare a written reply and file it at the local court.
4. Request an extension if necessary and provide reasons in writing.
5. Prepare witnesses and expert reports if they support your case.
6. Use official advice services and court information services.

Help and Support

• BGB: Rental law basics and landlord duties
• ZPO: Civil procedure rules
• Federal Court of Justice: Tenancy case law

1. [1] Gesetze im Internet: BGB §535 ff. Lease and obligations
2. [2] Gesetze im Internet: ZPO Procedural Law
3. [3] Federal Court of Justice: Case Law on Tenancy