Eviction Protection for Tenants in Germany: Checklist

As a tenant in a shared flat in a German metropolis, you may suddenly face an eviction lawsuit. Section 765a of the ZPO can provide short-term protection against forced eviction in certain cases if deadlines, forms and evidence are presented correctly. This practical checklist explains step by step how flatmates can apply for eviction protection without a lawyer, which documents the local court expects and how to meet deadlines. I describe concrete actions — from documentation and rent payments to contacting the court — and name official legal sources and form tips. The aim is for tenants in Germany to act quickly, confidently and to effectively assert their rights under tenancy law.

When does §765a ZPO apply?

Section 765a ZPO governs interim eviction protection: it can apply when an eviction enforcement is imminent and the requirements for immediate enforcement protection are met^[1]. The protection is time-limited and requires a swift response. Therefore, immediately check deadlines and service notices as soon as you learn of an eviction notice or enforcement announcement.

Briefly: Role of the BGB and the court

The tenancy relationship and the duties of landlord and tenant arise from the BGB (notably §§ 535–580a), which govern rent, defects and tenant remedies^[2]. The competent court for decisions on applications and enforcement matters is usually the local Amtsgericht; it also records file numbers and proof of service^[3].

Practical checklist for flatshares: apply for eviction protection without a lawyer

• Check deadlines and react immediately.
• Prepare a form or informal application (address, file number, reasons).
• Collect rent payments, bank statements and receipts.
• Document defects, repairs and correspondence (photos, emails).
• Name witnesses and prepare written statements.
• Contact the local court, note the file number and confirm how to file documents.
• Submit the application and secure a receipt or proof of delivery.
• If moving, plan handover and key return.

FAQ

Can a flatshare jointly apply for eviction protection?

Yes. Flatmates can act jointly as a party; the application should clearly state the living situation, who is on the lease and who actually lives there. A joint presentation of facts usually helps at the local court.

Does every flatmate have to pay to obtain protection?

No. What matters are outstanding claims against the person(s) named on the lease. Proof of rent payments and who is on the lease are decisive for prospects of success.

How quickly does the local court decide?

Decisions on interim eviction protection can be made very quickly; sometimes within a few days. Act immediately and provide complete documents^[3].

How-To

1. Check the service and deadline: when is the planned eviction scheduled?
2. Gather evidence: bank statements, tenancy agreements, communications and photos.
3. Draft a clear application to the local court explaining the facts and requesting interim protection.
4. Contact the court by phone or email to confirm filing methods and deadlines.
5. File the application and obtain a receipt, fax confirmation or proof of delivery.
6. Follow court instructions and promptly submit any requested supplements or evidence.

Key Takeaways

• Immediate documentation improves chances of protection.
• Deadlines are short: timely action is critical.
• A clear, complete application helps the court decide quickly.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO) – Official texts
• Court information – justiz.de
• Federal Court (BGH) – decisions

1. [1] §765a ZPO – gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
3. [3] Court information – justiz.de
4. [4] Federal Court (BGH) – bundesgerichtshof.de