Economic Exploitation: Protect Tenants in Germany

What is economic exploitation?

Economic exploitation means a landlord attempts to realize financial benefits from the apartment or personal belongings, for example by sale, re‑letting to third parties or seizing movable items due to payment arrears. As a tenant you should know when such measures are legally permitted, which documents and deadlines apply and how §§ 535–580a of the German Civil Code regulate landlord and tenant duties. More details on tenancy obligations are available in the legal provisions at Gesetze im Internet: BGB^[1].

Which evidence helps?

Good evidence can be decisive to contest economic exploitation. Collect documents systematically: note date, time and circumstances, secure photos and communication records.

• Store photos and videos with date and time
• Keep all messages, e‑mails and written notices
• Collect payment proofs, transfers and receipts
• Document deadlines, appointments and reminders
• Create repair notices and defect logs

Practical steps for tenants

Proceed in a structured way: secure evidence, respond to letters within deadlines and check whether an out‑of‑court agreement is possible. If you need financial help, two official instruments may be relevant:

• Application for legal aid (Prozesskostenhilfe, PKH): If you want to defend yourself legally but cannot afford the costs, PKH is an official instrument; file the application at the competent court, for example if the landlord threatens eviction, PKH can enable litigation without immediate cost burden.
• Payment order / dunning procedure: For outstanding claims the landlord may initiate a judicial dunning procedure; as a tenant you can lodge an objection to gain time to present evidence.

When creating evidence, ensure legality (e.g., avoid unlawful surveillance). Often the first step is to set a written deadline for the landlord to respond or remedy the issue.

Legal procedures and deadlines

Many tenancy disputes are heard by the local district court (Amtsgericht); appeals go to regional courts (Landgericht) and fundamental questions are decided by the Federal Court of Justice (Bundesgerichtshof). Procedural rules, deadlines and jurisdictions are set out in the German Code of Civil Procedure (ZPO)^[2]. If an eviction claim is imminent, act immediately and consider legal representation or PKH.

Frequently Asked Questions

Can the landlord seize personal items without a bailiff?

No, measures such as seizing personal items are generally subject to legal requirements and usually only possible with a title through the court or a bailiff.

How do I best secure evidence?

Secure photos with dates, save e‑mails and SMS, create a simple log of incidents and have important defects confirmed in writing; if unsure, seek legal advice.

Where do I turn with an eviction claim?

The first instance is usually the local district court; there you can inspect the complaint and follow the proceedings; a lawyer or PKH can help to examine your options^[3].

How‑To

1. Collect all relevant documents and evidence with date and context.
2. Note deadlines and set a written deadline for the landlord to respond.
3. Contact the competent authority or district court if unsure.
4. Check the possibility of applying for legal aid and seek legal support if necessary.

Key Takeaways

• Evidence is the key to defending against economic exploitation.
• Meeting deadlines protects your rights in court.
• Seek legal help or PKH if costs are a barrier.

Help and Support / Resources

• Bundesgerichtshof (court)
• Gesetze im Internet — central legal sources
• Justizportal (court information)

1. [1] Gesetze im Internet — BGB §535 ff.
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesgerichtshof — Decisions
4. [4] Justizportal — District courts and procedures