Eviction Protection in Germany: Documents & Deadlines

Many tenants in Germany face the challenge of defending themselves against an imminent eviction. This text explains clearly which documents, deadlines and evidence you should collect, how to identify formal errors in a termination and which steps are relevant at the local court. I explain when an objection or a response to a complaint is necessary, how legal aid (PKH) can work and which proofs (rental agreement, payment records, photos, defect notifications) are particularly important. The goal is to give you as a tenant clear steps to take and official sources so you can act within legal deadlines and effectively protect your rights in Germany. If possible, seek early advice from a legal office or tenant advice service and keep all evidence organized.

Which documents and evidence?

Here is a list of documents that are decisive in many cases:

• Rental agreement and the landlord's termination letter, including date and signature.
• Payment receipts for rent and deposit, bank statements and receipts.
• Correspondence with the landlord (emails, letters, handover protocols).
• Photos and videos documenting damages, mold or the condition of the flat.
• Defect notifications and records of carried out or requested repairs.
• Witnesses with contact details and written statements if possible.

Deadlines and first steps

Act quickly: check the termination for formal errors (e.g. missing signature) and note the delivery date, because statutory deadlines under the BGB usually require prompt action ^[1]. In an eviction lawsuit, the Code of Civil Procedure is relevant; defendant deadlines and hearings must be observed ^[2].

1. Check the termination letter immediately and document delivery time and content.
2. Observe deadlines for objections or responses to the complaint and note exact due dates ^[2].
3. Collect and organize all evidence: rental agreement, payment proofs, photos, defect reports and correspondence.
4. Check eligibility for legal aid (PKH) and complete the form if applicable.
5. Seek legal advice (tenant association, advisory center or lawyer) as early as possible.
6. If an eviction lawsuit is filed: attend the hearing at the responsible local court and present your evidence ^[3].

Key takeaways

• Observe termination and lawsuit deadlines immediately.
• Collect evidence in an organized and durable way.
• Check early whether you can apply for legal aid.

FAQ

How quickly must I respond to a termination?

Check the delivery date and act immediately: prepare an objection or reply to the complaint within the stated deadline; obtain legal help if you are unsure ^[1][2].

Which pieces of evidence are most helpful?

Rental agreement, payment records, photos/videos of the condition, written defect notifications and emails with the landlord are particularly persuasive.

Can I apply for legal aid (PKH)?

Yes, if your financial resources are insufficient you can apply for legal aid; the forms are available at the court or justice authorities.

How-To

1. Assemble documents: rental agreement, termination, payment records, correspondence, photos.
2. Check deadlines and prepare a response within the deadline.
3. Check and apply for legal aid if eligible.
4. Obtain advice from a tenant association or lawyer.
5. Prepare for the court hearing and present evidence.

Help & Support

• Gesetze im Internet: BGB §§ 535–580a (Tenancy law)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH) – official site

1. [1] Gesetze im Internet - BGB §§ 535–580a
2. [2] Gesetze im Internet - Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof - official site