Eviction Protection for Tenants in Germany: Avoid Errors

As a tenant in Germany, you may face time pressure and uncertainty during an eviction or an eviction-protection proceeding under § 765a ZPO. Common mistakes like missing evidence, late responses to served complaints, or incomplete tenant proofs weaken your position before the local court. This guide explains in clear steps which documents matter, how to meet deadlines, which forms to use, and how to prove that the apartment is habitable or which defects exist. You will receive concrete actions for documentation, sample notes about official forms and guidance on which courts and authorities to contact. The goal is to protect your rights effectively and avoid costly mistakes.

What § 765a ZPO Means

Section 765a ZPO governs provisional protection against enforcement in eviction matters, especially when an imminent eviction must be legally and practically reviewed.^[1] In disputes, the local court (Amtsgericht) is usually responsible for handling eviction claims.^[3]

Essential Evidence and How to Collect It

• Rent payments: keep bank statements, transfer receipts and receipts carefully.
• Photos and videos of defects: save with date, time and a short description.
• Correspondence: collect written tenant requests, letters and landlord responses.
• Witnesses: note names, contact details and short written statements.

Deadlines and Reactions

• Respond to served complaints and notices within the deadlines stated in the documents.
• File objections, reminders or applications with the competent local court on time.

Forms, Templates and Court Steps

There are standard forms and instructions available via the justice portal or local courts. If you receive an eviction claim, first check which documents the local court requires and submit your counterstatement or application there. Landlord duties and maintenance obligations are found in the BGB; sections such as § 535 BGB are important for rent reduction or defending eviction claims.^[2] Practical example: send the landlord a written request to remedy defects by registered mail and then document three photos with timestamps; attach these documents as exhibits to the court filing.

FAQ

What does § 765a ZPO protect specifically?

Section 765a ZPO can temporarily suspend the enforcement of an eviction until certain legal questions are resolved, for example when the tenant raises serious objections.

What evidence helps in an eviction-protection proceeding?

Bank statements, payment receipts, photos of defects, correspondence with the landlord and written witness statements are particularly helpful.

Which court do I contact for an eviction claim?

The local court (Amtsgericht) has jurisdiction; the eviction claim is filed and processed there.

How-To

1. Collect all relevant evidence: payment proofs, photos, correspondence and witness names.
2. Prepare a brief written statement and file it with the local court within the deadline.
3. Consult the court and assess the possibility of an eviction-protection application or an amicable settlement.

Key Takeaways

• Good documentation strengthens your court position.
• Strictly keep deadlines to preserve rights.
• Use official forms and guidance from the justice portal.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• Justice Portal – Court Forms
• Federal Court of Justice (BGH) – Case Law

---

1. [1] § 765a ZPO — Zivilprozessordnung
2. [2] § 535 BGB — Landlord Obligations
3. [3] Justice Portal — Court Information and Forms