Eviction Protection for Tenants in Germany

Many tenants in Germany face the fear of eviction and do not know which rights they have. This guide clearly explains eviction protection under §765a ZPO, which documents you should collect and how to file an application. You will receive practical advice on deadlines, how to act in court and important forms so that you can better represent your position vis-à-vis the landlord or the local court. No legal jargon without explanation: we explain terms such as eviction lawsuit, enforcement and legal aid clearly and give examples of how to document payment offers or cure attempts. The goal is that you as a tenant in Germany can make informed decisions and act in time.

What does eviction protection and §765a ZPO mean?

Eviction protection under §765a ZPO can ensure that enforcement or eviction is not carried out immediately if the debtor (tenant) can prove certain conditions^[1]. Practically speaking, with the right documents you can often buy time, propose a payment plan or apply for legal aid. Important terms are: eviction lawsuit, enforcement notice and cure attempt (e.g. repayment or binding offer).

Immediate measures for tenants

• Check deadlines and note appointments so that no deadline is missed.
• Collect evidence: photos, chats, payment receipts and correspondence.
• Document payment offers and prove payments, if possible by bank transfer.
• Contact the local court or the other party to clarify deadlines and claims.
• Report defects and repair needs if these relate to rent reduction or counterclaims.

Important forms and applications for tenants include, among others, the application for legal aid (Prozesskostenhilfe, PKH) and, if necessary, applications to suspend enforcement. These forms are available at the competent local court; information on requirements and legal bases can be found in the applicable laws^[2] and in court decisions^[3]. A typical example: if you credibly demonstrate financial hardship, a PKH application can secure coverage of the costs for your defence.

What you should consider in correspondence

Write clearly and factually. State the claim, specify which amounts are charged to you and attach evidence. If you make a payment offer, propose a concrete instalment amount and deadlines. Send important letters by registered mail or verifiable e-mail and document the dispatch.

FAQ

How quickly must I respond to an eviction lawsuit?

You should immediately check the deadlines in the lawsuit and respond within the specified deadlines, otherwise you may lose important defence opportunities.

Which documents are decisive for eviction protection?

Important documents are payment receipts, correspondence with the landlord, photos of defects, acknowledged payment offers and official notices.

Where do I apply for legal aid (PKH)?

You apply for PKH in writing to the competent court (usually the local court). Attach income evidence and a brief justification.

How-To

1. Check deadlines: Read the statement of claim and the enforcement notice carefully.
2. Collect documents: Create a folder with payments and correspondence.
3. Prepare the PKH application: Add income evidence and a cost estimate.
4. Submission: File your documents with the competent local court and confirm receipt.
5. Court hearing: Bring original documents and explain your payment offer.

Help and Support

• Federal Ministry of Justice: Information on legal aid and court procedures
• Federal Court of Justice: Relevant decisions in tenancy law
• Laws Online: BGB and ZPO

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1. [1] §765a Zivilprozessordnung (ZPO) - Gesetze im Internet
2. [2] Bürgerliches Gesetzbuch (BGB) §§535–580a - Gesetze im Internet
3. [3] Federal Court of Justice (BGH) decisions