Eviction Protection for Tenants in Germany (§765a ZPO)

As a student in Germany, the threat of eviction can be particularly stressful. This text explains in plain language how tenants can enforce their eviction protection under §765a ZPO with carefully gathered evidence. You will learn which deadlines apply, which official forms are required, and how the proceedings at the local court (Amtsgericht) proceed. Practical tips show how to document defects, rent arrears or disputes, when a rent reduction is possible and what role payment records or witness statements play. The aim is to give you concrete steps and contact points so you can assert your rights in Germany more confidently and react in time.

What is eviction protection under §765a ZPO?

§765a ZPO protects in certain cases against immediate forced eviction if tenants submit evidence that constitutes a substantial obstacle to enforcement^[1]. Practically, this means: If you can prove that a payment is legitimately disputed, defects exist, or procedural errors occurred, the court can suspend the immediate eviction.

Key steps for students

• Check deadlines: Determine payment deadlines, eviction deadlines and deadlines for objections.
• Collect forms: Use official forms or templates for lawsuits and objections.
• Secure evidence: Organize the lease agreement, payment records, correspondence and photos.
• Contact the local court: Find out which Amtsgericht is responsible and the deadlines for filing a lawsuit.^[3]

Which proofs help?

Good evidence presents the facts clearly and comprehensibly. Useful items include:

• Lease agreement: names, rental period, rent amount and ancillary cost agreements.
• Payment records: bank statements, receipts and transfer confirmations.
• Correspondence: emails, reminders, tenant complaints and landlord responses.
• Photos and expert reports: document the condition of the apartment, defects and repair history.

Court procedure and forms

In an eviction lawsuit, the local court (Amtsgericht) typically rules in the first instance; civil tenancy law is set out in §§535–580a of the BGB, which define the duties and rights of both parties^[2]. For filing a lawsuit, parties usually submit an informal complaint letter or the court's local complaint form; an enforceable title is required for enforcement. Example: A student submits a bundle with the lease agreement, bank statements and email correspondence to the court and requests suspension of the eviction under §765a ZPO, citing disputed claims.

FAQ

Can I, as a student, obtain eviction protection under §765a ZPO?

Yes, if you can present convincing evidence of an enforcement obstacle, the court can suspend the forced eviction.

Which deadlines must I observe?

Check deadlines in official notices; often objections or lawsuits must be filed within a few weeks, otherwise enforcement may proceed.

Who decides eviction lawsuits?

Usually the competent local court (Amtsgericht); later appeals may go to the regional court (Landgericht) or the Federal Court of Justice (BGH).

How-To

1. Collect evidence immediately: lease agreement, bank statements, emails and photos.
2. Check deadlines and respond within the set timeframes.
3. File an informal complaint letter or form at the local court and attach the evidence.
4. Prepare for the hearing: organize evidence and note witnesses and timelines.

Help and Support / Resources

• §765a ZPO on gesetze-im-internet.de
• BGB (tenancy law §§535–580a) on gesetze-im-internet.de
• Federal Court of Justice (BGH) – decisions on tenancy law

1. [1] Zivilprozessordnung (ZPO) – §765a on gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) – tenancy law §§535–580a on gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – court authority and decisions