Eviction Protection Checklist for Tenants in Germany

As a tenant in a German city, a threatened forced eviction can feel sudden and overwhelming. This checklist helps you practically prepare eviction protection under §765a ZPO: which proofs tenants should collect, which deadlines to observe, and which official forms or court steps are possible. The guide explains in plain language how to document rent payments, correspondence, photos of defects and medical certificates, when a protection letter is sensible and which court you must contact. Measures are aimed equally at tenants and landlords seeking an amicable solution or clarification of formal rights. Read the step-by-step instructions below and use the provided authority links and form timeframes to react in time and protect your rights in Germany.

What does §765a ZPO mean and who is affected?

§765a ZPO regulates procedural matters related to enforcement measures and can be relevant for tenants when an enforcement order or eviction is imminent. The paragraph determines what options the debtor (often the tenant) has to defend against immediate enforcement and which deadlines must be observed.^[2] At the same time, the Civil Code (BGB) regulates landlord and tenant duties, such as payment and maintenance obligations.^[1]

Checklist: Evidence and proofs for eviction protection

• Receipts and bank statements for paid rent, including date and transfer purpose.
• Proofs of deposit payments or refund claims.
• Correspondence with the landlord: warnings, payment reminders or agreed payment plans.
• Photos with timestamps of the apartment condition, damage or renovation delays.
• Documentation of repair requests and landlord response times.
• Contact details and brief written statements from witnesses, neighbors or social services.
• Medical certificates if health reasons require a postponement or special consideration.

Deadlines and quick reactions

Respond immediately to lawsuits, deliveries or payment requests: deadlines in civil procedure are short. Check the delivery carefully because missed deadlines can cost rights. If a court date is set, organize evidence and witnesses in advance and consider filing a protection letter to temporarily stop enforcement.^[2]

Forms, protection letters and authorities

There is no unified "eviction protection form" from the federal government, but protection letters or statements of defense addressed to courts are common steps. A protection letter can be filed with the competent local court to explain why enforcement should be halted. Briefly describe your evidence and attach copies of the most important proofs. For legal details and the exact procedure, the local court is responsible.^[3]

Practical steps before court

1. Check deadlines in the delivery immediately and note the dates.
2. Create an evidence folder with key documents (payment proofs, photos, correspondence).
3. Consider filing a protection letter with the competent local court and attach copies of your evidence.
4. Seek legal advice or tenant counseling immediately, especially before a court date.
5. Prepare for the court hearing: register witnesses, organize documents and clarify your arguments.

FAQ

What does §765a ZPO cover?

§765a ZPO concerns enforcement and procedural matters relevant to eviction and enforcement; it outlines procedural rights of the debtor.

Which proofs are most important?

Important items are payment proofs, correspondence with the landlord, photos of defects, repair requests and medical certificates.

How quickly must I react?

Immediately: court deadlines are short. Check deliveries and act within the stated deadlines.

How-To

1. Collect all relevant documents and create a chronological folder.
2. Note all deadlines from deliveries and appointments.
3. File a protection letter with the local court if necessary and attach copies of your evidence.
4. Obtain legal or tenant counseling and discuss possible out-of-court solutions.
5. Prepare for the court hearing: witnesses, documents and a clear presentation of your case.

Help and Support

• Gesetze im Internet – BGB §535 Mietvertragspflichten
• Gesetze im Internet – ZPO §765a Vollstreckung
• Justizportal – Information on courts and jurisdictions

1. [1] Gesetze im Internet – BGB §535 Mietvertragspflichten
2. [2] Gesetze im Internet – ZPO §765a Vollstreckung
3. [3] Justizportal – Information on courts and jurisdictions