Eviction Protection §765a ZPO with Certificates in Germany

As a tenant in Germany, you can assert eviction protection under certain conditions when illness, caregiving or other serious reasons make immediate moving impossible. This text explains in plain language how medical certificates work as evidence, which deadlines under §765a ZPO are relevant and how to prepare contact with the local court (Amtsgericht) as well as lawyers or advisory services. I describe practical steps: secure certificates, document defects and outstanding payments, review formal filings and name reliable witnesses. The goal is that you know your rights, meet deadlines and enter negotiations or eviction proceedings prepared. The guidance is tailored to tenants in Germany and avoids legal jargon.

Eviction protection and §765a ZPO

Section 765a of the Code of Civil Procedure regulates when immediate enforcement can be suspended or stayed; this is central if a tenant cannot move out due to illness, quarantine or caregiving. ZPO §765a^[1] describes deadlines and the role of certificates as proof. In disputes, the competent local court (Amtsgericht) decides on enforcement and possible suspension reasons.

What role do medical certificates play?

Medical certificates document the health condition and can constitute a reason to postpone enforcement. A certificate should specify the health condition, the necessity to remain in the apartment and a time period. Supplement certificates with medical findings, hospital reports or care documentation to increase credibility^[2].

What to do immediately

• Secure all medical certificates, findings and hospital reports as copies.
• Create a timeline: dates of medical visits, diagnoses and recommendations.
• Check termination letters and deadlines in writing; respond within stated deadlines.
• Contact the local court to clarify the date and ask for an extension of deadlines if necessary.
• Consider legal advice from a counseling center or attorney, especially before an eviction claim.

FAQ

Can a certificate postpone the eviction?

Yes, a meaningful medical certificate can support an application to the court to suspend enforcement.

Who decides on suspensions of eviction?

The competent local court (Amtsgericht) decides on suspensions or stays of enforcement; appeals may be possible to the regional court (Landgericht).

Which forms do I need?

There are no nationwide standard forms for certificates; use medical certificates, medical reports and possibly a simple letter to the court explaining the reasons.

How-To

1. Collect all medical certificates, findings and documentation.
2. Create a clear file with dates and contact information of treating physicians.
3. Write a short, informal letter to the local court referencing §765a ZPO and attach copies.
4. Watch deadlines: submit documents on time and request extensions if needed.
5. Prepare for the hearing: order evidence, name witnesses and outline the timeline.

Key Takeaways

• Medical certificates are central but work best together with other evidence.
• Meet deadlines: late evidence has less impact.
• The local court is the first instance; organize documents clearly.

Help and Support / Resources

• ZPO §765a — Gesetze im Internet
• BGB §§535–580a — Gesetze im Internet
• Local courts — Justizportal of the Federal and State Governments

1. [1] ZPO §765a — Gesetze im Internet
2. [2] BGB §§535–580a — Gesetze im Internet
3. [3] Local courts / Justizportal of the Federal and State Governments