Apply for Eviction Protection: Tenant Rights Germany
If a termination or eviction threat arises, tenants in Germany can apply for eviction protection to gain time and have a social hardship reviewed. This checklist explains when an application makes sense, which deadlines apply and which official forms and laws you should know. I describe practical wording for the reasoning, examples of evidence and how to submit documents to the local court. The goal is to give you clear action steps so you meet deadlines, file objections in time and realistically assess your chances of success. In emergencies you will also find guidance on short-term legal protection.
What is eviction protection?
Eviction protection is a legal tool that allows tenants to delay or prevent immediate enforcement of eviction if compelling reasons exist. It can apply in cases of social hardship or formal defects in the termination. The civil law basis is in the German Civil Code (BGB) and the procedural rules are in the Code of Civil Procedure (ZPO)[1][2].
When should a tenant apply for eviction protection?
- Check the termination deadline (within 14 days) and react immediately if time is short.
- Document payment records and outstanding claims (deposit, rent) if arrears are disputed.
- Collect all relevant letters and formal notices (form, notice) as evidence.
- Create an evidence list with photos, emails and witness statements (evidence).
- Determine whether an eviction lawsuit has already been filed at the local court (eviction, court).
- Check for social hardship cases, health reasons or special protection needs.
Official forms and practical examples
There is no nationwide standardized "eviction protection form number", but common applications and pleadings include:
- Application for interim relief (under the ZPO) – when urgent action is required; example: state that enforcement threatens your livelihood and attach bank statements.
- Written statement against the eviction suit/objection to termination – briefly explain reasons and attach evidence such as payment proofs or medical certificates.
- Application for legal aid or court costs assistance – if you cannot afford costs; example: complete the relevant form at the local court.
Practical workflow: write clearly and concisely: 1) your personal data, 2) case number of the suit/termination, 3) concrete reasons for eviction protection, 4) the period requested and attached documents.
How to submit the application
Preparation
- Gather evidence: lease, correspondence, payment proofs (evidence).
- Draft a short, clear statement of reasons (form).
Submission
- File the application with the competent local court and attach copies of your evidence (court).
- Observe deadlines and, if necessary, file an emergency application (within 2 weeks).
FAQ
- What does eviction protection do?
- Eviction protection can delay enforcement or prevent eviction under conditions, usually to examine social hardship cases.
- How quickly must I act?
- Act immediately after receipt of termination or eviction suit; often only a few days remain to file an objection or emergency application.
- Which documents are important?
- Lease, payment records, correspondence with the landlord, medical certificates or benefit notices are helpful evidence.
How-To
- Collect all evidence and create a list (evidence).
- Draft the application with a clear statement of reasons and attach copies (form).
- Check deadlines and decide whether to file an emergency application (within 14 days).
- File the application at the competent local court and keep proof of filing (court).
Key Takeaways
- Documentation and quick action improve your chances of obtaining eviction protection.
- Strictly observe deadlines and respond within specified timeframes.
- Use official forms and apply for legal aid if needed.
Help and Support
- BGB and tenancy law - Gesetze im Internet
- Code of Civil Procedure (ZPO) - Gesetze im Internet
- Federal Court of Justice (BGH) - Decisions on tenancy law
