Documenting to Fight Eviction for Tenants in Germany

Many seniors in Germany face the fear of an eviction lawsuit. Timely documentation can make the difference: photos of defects, payment receipts, correspondence with the landlord and witness notes create clear evidence. This text explains in plain language which documents are important, how to meet deadlines and which forms are needed at the local court. You will get practical steps for collecting evidence, pointers to tenancy law texts such as the BGB and how to contact local courts. The goal is to give older tenants confidence so they can assert their rights and defend against eviction without legal jargon.

What matters when documenting

Good documentation makes your statements credible. Collect everything systematically: date, place, persons involved and, if possible, supporting documents. If possible, save evidence digitally and on paper.

• Photos of damages and conditions (photo) — always with date and a short description.
• Rent payments, receipts and bank statements (rent, receipt) as proof of payment.
• Correspondence with the landlord, including emails and forms (form), with dates and proof of delivery.
• Witness names and short notes (record) of conversations or neighbors.
• Check-in and check-out condition reports (inspect), preferably with photos.

Deadlines, responses and legal basics

Observe deadlines immediately: missing a deadline can cost you rights. Reply in writing to termination notices and request proof of delivery.

• Meet deadlines for objections or eviction dates within the days stated in the letter.
• Send formal letters with proof of receipt (e.g., registered mail or delivery confirmation).
• In case of a lawsuit: observe court deadlines and submit documents in full.

Forms and examples: what you need

For an eviction lawsuit, the typically relevant documents are: complaint filing at the local court, proof of performance, a power of attorney for legal representation and, if applicable, applications for interim relief. Read the civil procedure rules carefully if you plan to file.^[2]

• Complaint form (civil claim) at the competent local court — used to formally initiate an eviction proceeding; example: when a landlord demands eviction, they file the complaint at the local court and list claims and evidence.
• Power of attorney for an authorized representative — if you appoint a representative, this allows them to act in court and receive documents.
• Application for interim relief (only in exceptional cases) — when an immediate eviction is threatened without a hearing, immediate protection may be necessary.

For the legal basis see the tenancy law provisions in the BGB.^[1]

What the local court does and how it decides

The local court is the first instance in eviction cases. Complaints are reviewed there, parties are summoned and evidence is evaluated. Use the opportunity to submit written evidence and name witnesses.^[3]

Frequently Asked Questions

Which evidence is strongest?

Written payment records, dated photos and documented correspondence are particularly persuasive.

Can I as a senior get free support?

Some municipalities and welfare organizations offer legal advice or mediation; ask at your local authority.

Do I have to appear in person in court?

It is often helpful; you can also grant a power of attorney so a representative appears on your behalf.

How-To

1. Collect evidence immediately: photos, receipts, emails and witness statements.
2. Send a dated statement to the landlord and obtain proof of delivery.
3. File all relevant forms and evidence at the competent local court.
4. Prepare for the hearing: name witnesses and organize evidence; provide a power of attorney if needed.

Help and Support / Resources

• BMJ — Federal Ministry of Justice and Consumer Protection
• Laws in the Internet (statutes and regulations)
• Justice portal of the federal states and the federation

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Information on local and regional courts — justiz.de