Eviction Defense: Tenant Checklist Germany

As a tenant in Germany, you should check before signing how to defend against a possible eviction suit. This guide explains first steps in plain language: how to check termination reasons, observe deadlines and formal requirements, collect evidence, and which official forms to use. I describe when the local court (Amtsgericht) is responsible, how to prepare a statement of defence and which deadlines apply for objections. Especially for older tenants I explain practical documentation tips, communication with the landlord and social support options. The aim is that you act in a legally secure way, avoid unnecessary costs and protect your housing situation. At the end you will find links to official forms and court information.

What to do after a termination or eviction threat?

First check the termination letter carefully: who signed it, what reason is given and whether the termination was made in writing and in proper form? Compare the reason with tenancy law rules in the BGB ^[1]. If the termination is unclear or lacks deadline and form, note all details and keep copies.

Key deadlines and competent courts

In an eviction suit the local court (Amtsgericht) is competent; higher appeals go to the Landgericht and important legal issues may be decided by the Federal Court of Justice (BGH) ^[2][3]. Pay special attention to the deadline to reply to a served complaint. If exact deadlines are missing in the letter, contact the competent court immediately.

• Check and note deadlines, including the service date and possible objection deadlines.
• Collect forms and documents: termination, rental agreement, utility statements.
• Secure evidence: photos of defects, correspondence, witness contacts documented.
• Contact the local court to clarify deadlines and next steps.

Forms and official guidance

Useful official sources contain sample texts and procedural guidance; check sample termination letters or form guidance on the Federal Ministry and Gesetze im Internet pages. Always use copies of documents and send important replies by registered mail or deliver in person against receipt.

How to prepare a statement of defence

A statement of defence should be short, factual and supported by evidence. State: service date, your arguments against the termination, relevant BGB paragraphs and attach evidence. If unsure, ask the court's legal advice office or a state advisory service.

• Respond in writing: brief summary of your position and reference to evidence.
• Attach supporting documents: photos, emails, invoices, witness statements.
• Clarify appointment and competence: which local court is handling the case?

Frequently Asked Questions

How much time do I have to respond to a lawsuit?

The deadline is usually stated in the service; respond immediately and contact the local court if unsure.

Do I have to answer the court letter personally?

You can reply in writing or appoint a lawyer/representative; if you cannot afford one, check legal aid or assistance for court costs.

What role does tenancy law (BGB) play?

The BGB regulates landlord and tenant duties and rights, such as grounds for termination and rent reduction; see the relevant statutory provisions.

How-To

1. Read the termination letter and note the service date.
2. Gather the rental agreement, recent utility statements and all relevant correspondence.
3. Create a chronological evidence file with photos and witness statements.
4. Contact the local court, ask for the file number and deadlines.
5. Check state advisory services and legal aid options if costs are a barrier.

Help and Support

• [1] Federal Ministry of Justice - information and forms
• [2] Gesetze im Internet - BGB and ZPO
• [3] Federal Court of Justice - information and decisions

1. [1] BGB §535 - Content and main obligations of the rental agreement
2. [2] ZPO - Code of Civil Procedure
3. [3] Federal Court of Justice - information and decisions