Eviction Protection for Tenants §765a ZPO in Germany
As a tenant in Germany you can protect yourself against forcible eviction if you can show special circumstances or formal errors. The statutory eviction protection under §765a ZPO sets conditions and deadlines by which affected parties can object to enforcement or delay its execution[1]. This text explains in plain language which pieces of evidence are helpful, how a template letter should be structured and which courts are competent. We show practical steps, example wordings and explain when an application at the local court or a complaint at the enforcement court makes sense. The goal is to enable you to act quickly and with legal certainty without assuming legal expertise.
What does eviction protection under §765a ZPO mean?
§765a ZPO does not automatically prevent eviction but allows the debtor or tenant to complicate or delay enforcement under certain conditions. For tenants it is important: you must present reasons and evidence, for example unclear service of the eviction claim, ongoing settlements or special hardships. In addition, tenancy law duties and rights from the BGB apply, for example regarding maintenance and rent payments[2].
Which proofs help tenants?
Important documents show that the enforcement would be unlawful or premature. Always collect dated written records:
- Photos and videos of defects or damage as proof of the apartment condition.
- Payment records, transfer receipts and receipts for rent or deposit paid.
- Correspondence with the landlord (emails, letters, warnings).
- Appointments and deadline logs, e.g. about service or court dates.
Template letter: objection to enforcement
A clear template letter helps to meet deadlines and document the situation. Example text (to the enforcement court or bailiff):
Sender: [Your name, address]
Date: [DD.MM.YYYY]
Recipient: [Bailiff / Local Court, address]
Subject: Objection to enforcement / Application for enforcement protection under §765a ZPO
Dear Sir or Madam,
I object to the announced forcible eviction and apply for eviction protection pursuant to §765a ZPO because [brief justification: e.g. ongoing settlement, termination not served, significant health hardships]. As evidence I enclose: [list of documents]. I request suspension of enforcement until the matter is clarified.
Yours sincerely
[Signature]
Which deadlines are important?
Respond immediately after service of the enforcement notice. Often short deadlines apply, for example to lodge an objection or to apply for provisional suspension.
Which courts are competent?
For tenancy disputes and eviction claims the local court (Amtsgericht) is usually competent in the first instance; appeals go to the regional court (Landgericht), and the Federal Court of Justice (BGH) handles fundamental questions. For enforcement matters, the enforcement court of the competent local court is the contact point[3].
Frequently Asked Questions
- Can a template letter stop the eviction?
- A template letter can draw the attention of the court or bailiff and secure deadlines, but it does not automatically stop eviction; often a court application is required.
- Which pieces of evidence matter most?
- Payment records, correspondence with the landlord and proof of defects or health hardships are particularly relevant.
- Who can help me immediately?
- The competent local court and its enforcement department as well as the citys citizen advice provide initial guidance; for concrete legal advice a lawyer can be consulted.
How-To
- Collect all relevant documents immediately and organize them chronologically.
- Create a template letter, state your request briefly and attach evidence.
- File the application with the competent enforcement court or local court and document the filing.
- Observe deadlines, attend hearings and submit additional documents as needed.
Help and Support / Resources
- ZPO §765a (Gesetze im Internet)
- BGB §535 Tenancy (Gesetze im Internet)
- Federal Court of Justice (BGH) - Case law
