Eviction Protection for Tenants in Germany: Checklist
Many tenants in Germany face pressure when a termination or eviction threat arises. This guide is for tenants without legal expertise and explains simply how to apply for eviction protection, which deadlines apply and which documents are important. You will find practical wording examples, guidance on official forms and concrete steps from collecting documents to filing with the court. The goal is to give you a structured checklist so you can act quickly and correctly and improve your chances of staying in the apartment.
What is eviction protection?
Eviction protection refers to measures that allow tenants to prevent or delay an immediate forced eviction, for example by filing an objection, applying for interim relief or for legal aid (PKH). Rights and obligations arise from tenancy law in the BGB and procedural rules in the ZPO.[1][2]
When can tenants apply for eviction protection?
- In case of termination due to arrears: check immediately, collect evidence and consider objection or installment agreements.
- When a forced eviction is announced: initiate court steps in time or request interim relief.
- In cases of particular vulnerability (severe disability, families with children): present hardship reasons.
Which documents do you need?
- Lease agreement and handover protocols.
- Proofs of payment and arrears (bank statements, receipts).
- Correspondence with the landlord (termination, reminders).
- Medical certificates or proofs if health or mobility are affected.
Procedure: forms, deadlines and examples
Important forms include the application for legal aid (PKH) and, where applicable, an application for interim relief at the competent local court. A practical example: if you have payment problems, attach bank statements as proof, apply for PKH, and at the same time file a reasoned objection to the termination. Official legal bases and procedural rules can be found in the legal texts.[1][2][3]
Practical template examples (short)
- Objection to termination: date, reference to termination, short statement of facts, request for withdrawal/review.
- Application for PKH: financial information, attachments as evidence, signature.
FAQ
- How quickly must I act if I receive a termination?
- Check the notice period immediately and file an objection within the time stated in the letter; in case of imminent eviction, seek legal advice and consider PKH.
- What costs arise from applying for eviction protection?
- If legal aid is granted, court and attorney fees can be reduced or waived; approval depends on income and the likelihood of success.
- Who can I contact in case of imminent eviction?
- Contact the competent local court or a municipal advisory service; at the same time, check the possibility of PKH.
How-To
- Collect all documents: lease, payment proofs, correspondence and medical certificates.
- Contact the landlord in writing and request clarification or an installment agreement.
- If necessary, apply for legal aid and file an objection to the termination.
- If required, file a lawsuit or an application for interim relief at the competent local court.
Key takeaways
- Documentation is crucial: without evidence, chances of success decrease.
- Observe deadlines strictly, otherwise claims may lapse.
Help and Support
- Federal Ministry of Justice and Consumer Protection (bmjv.de)
- Gesetze im Internet – BGB
- Gesetze im Internet – ZPO
