Defend Eviction Suits: Tenant Guide Germany

As a tenant in Germany, a termination and the threat of eviction can be very stressful. This guide explains clearly how you can defend an eviction suit: which pieces of evidence help, which deadlines apply and which official forms you should use. I describe practically how to document defects, prove rent payments and file an objection or a timely statement with the local court (Amtsgericht)^[3]. The aim is to give you concrete steps so that you can exercise your rights under the BGB^[1] and prevent or delay an eviction if possible. The information is tailored to German procedures and names authorities, relevant laws and official pages for forms. You will find examples of termination letters, objection forms and tips on conduct in court so you are prepared.

What to do if you receive an eviction suit?

First, stay calm and proceed systematically: check the reasons for termination, collect photographic and documentary evidence, and verify payment records. Respond in writing within the given deadlines and submit necessary documents to the competent local court. If possible, inform tenant protection organizations or seek legal advice early for procedural support.

• Collect evidence: photos, correspondence, witness statements and defect protocols.
• Keep proofs of rent payments ready: bank statements, receipts, transfer confirmations.
• Check and submit forms on time: statement in defense or objection to the local court.
• Contact legal advice or counseling services early, especially in cases of social hardship.

Evidence that helps

Which pieces of evidence are useful? Concrete, dated records make your claim easier to present: photos of defects, emails/SMS with the landlord, repair invoices and witness statements. Note date and time of each observation and store digital copies securely.

• Photos and videos of damage or lack of heating, with dates.
• Written correspondence: e-mails, SMS, letters with the landlord as proof.
• Bank statements and receipts as proof of payments for rent and deposit.
• Invoices and reports for repairs and notifications of defects.

Forms & deadlines

There is no single nationwide "tenant response" form, but courts often use form sheets or complaints in accordance with the ZPO^[2]; check the deadlines and formal requirements of the ZPO and the competent local court. File objections or defense statements in writing and attach copies of evidence.

Procedure at the local court

The local court examines the complaint, may schedule an oral hearing and decides. You can file evidence motions and name witnesses. Appeals go to the regional court and in special cases the Federal Court of Justice (BGH) handles revisions.

FAQ

Can I object to every termination?

You can generally file an objection and a defense; success depends on the specific circumstances and evidence.

What is the deadline for a defense statement?

Deadlines depend on the notice or court instructions; check the service carefully and respond within the stated period.

Which court handles rental disputes?

In first instance it is usually the local court; appeals go to the regional court and revisions can be brought before the BGH.

How-To

1. Collect all evidence immediately: photos, messages and payment proofs.
2. Check delivery and objection deadlines and note appointments.
3. Create a written defense or objection and attach evidence copies.
4. File the documents with the competent local court and prepare for the hearing.

Help and Support / Resources

• Gesetze im Internet
• Gesetze im Internet
• BMJV

1. [1] Gesetze im Internet
2. [2] Gesetze im Internet
3. [3] BMJV