Defend Eviction Suits: Tenant Help in Germany

As a tenant in Germany, an eviction suit can quickly feel threatening. This guide explains step by step how to defend an eviction suit: which evidence matters, which deadlines apply and which official forms are used. We show how to apply tenant rights under the BGB^[1] and procedural rules of the ZPO^[2], how to secure documents and photos and how the local court reviews the case. You will receive practical templates, examples of evidence and guidance on when legal help is advisable. The aim is to give you clear options so you can defend your rights as a tenant in Germany confidently and with legal certainty.

What is an eviction suit?

An eviction suit is the landlord's legal claim for the return of the rented property. The local court decides on claims that often arise from the rental agreement or non-payment.

Key evidence

• Rental agreement, correspondence, handover protocol – originals and copies (document).
• Payment records / rent payments – bank statements and receipts.
• Photos and videos of damage or defects (photo, evidence).
• Repair and maintenance records, heating cost statements (repair).

Deadlines and responses

Court complaints contain fixed deadlines; check these carefully and note dates for objections or responses. Missing deadlines can significantly weaken your defense.

• Observe deadlines – respond within the time stated in the letter (deadline).
• Submit objections in writing – confirm receipt and attach evidence (form).
• Contact local tenant advisory services or a lawyer (call).

How does the court respond?

The local court reviews the claim under the rules of the ZPO and may call for an oral hearing. The court decides based on the submitted documents and evidence; listen carefully to deadlines and procedural instructions.

FAQ

Can I stay in the apartment until the judgment is final?

Yes, often your position remains until an eviction enforcement is carried out; clarify deadlines and possible legal aid (PKH).

Which evidence is most important?

Rental agreement, payment records, photos, witness statements and handover protocols are central.

Where do I file forms for legal aid?

Applications are filed at the competent local court; check the official forms of the Ministry of Justice.^[3]

How-To

1. Gather all documents: rental agreement, photos, payment records (document).
2. Read the complaint carefully and note deadlines (form).
3. Contact a legal advice center or lawyer and check for legal aid (PKH) (call).
4. File written objections at the local court within the deadline (court).
5. Continuously document defects and repair attempts (repair).
6. Prepare your apartment for any on-site inspection or handover (move-out).

Key Takeaways

• Act early to improve chances of preventing eviction.
• Securing evidence both digitally and physically is essential.
• Seek legal advice or tenant counseling as soon as possible.

Help and Support / Resources

• § 535 BGB & tenancy law (Gesetze im Internet)
• ZPO: Code of Civil Procedure (Gesetze im Internet)
• Information on legal aid (Bundesministerium der Justiz)

1. [1] §§ 535–580a BGB (Tenancy law) – Gesetze im Internet
2. [2] ZPO – Code of Civil Procedure – Gesetze im Internet
3. [3] Information on legal aid – Federal Ministry of Justice