Eviction Protection for Tenants in Germany (Seniors)

As a tenant in Germany, you can request eviction protection under certain conditions — especially relevant for older people who need time to organize or find alternative housing. This guide explains in plain language when and how seniors can justify eviction protection, which documents the local court expects, and which deadlines apply. You will receive practical steps for collecting rental agreements, payment records, medical certificates and witness statements, as well as information on official forms and the court process. The aim is to give you confidence when filing the application and to make communication with the landlord, court and social authorities easy to understand. If possible, seek advice early from official agencies and document all payments, damages and contacts to improve your chances.

Eviction protection: What tenants should know

Eviction protection does not automatically prevent eviction, but it can delay the process or give the court reasons to suspend enforcement. Important legal bases are found in the German Civil Code (BGB) on duties and termination and in the Code of Civil Procedure (ZPO) on eviction lawsuits and enforcement.^[1][2]

Common reasons for eviction protection

• Health reasons or need for care (document).
• Sudden lack of alternatives such as insolvency or emergency housing shortages (document).
• Undue hardship if an immediate eviction would be existentially threatening (document).

Examples: An elderly tenant with a serious illness can provide medical certificates that make an immediate move impossible; the court may then grant a postponement or examine social law options.

Which documents help the application?

• Rental agreement and current rent payment records (document).
• Correspondence with the landlord, reminders and payment demands (document).
• Medical certificates, care assessments or reports on mobility limitations (document).
• Proof of support services or lack of relocation options (document).

Frequently Asked Questions

When can a senior request eviction protection?

A senior can request eviction protection as soon as a termination or eviction lawsuit is pending and health, social or economic hardship makes immediate relocation impossible.

What documents are needed?

Required are the rental agreement, payment records, medical certificates, correspondence with the landlord and, if applicable, proof of support services or lack of relocation options.

How long does the procedure take?

The duration varies: court reviews, possible deadlines and objections can take weeks to months; in urgent cases the local court decides at short notice.^[3]

How-To

1. Collect all evidence: rental agreement, bank statements, reminders and medical certificates (document).
2. Complete the written petition or draft an informal letter to the local court (form).
3. Submit the petition to the competent local court and attach copies of the documents (court).
4. Attend hearings or appoint an authorized representative; provide medical reports if requested (hearing).
5. Seek parallel support from social services, senior counseling or local tenant advice (contact).

Help and Support / Resources

• Mietrecht BGB §535 ff.
• Code of Civil Procedure (ZPO) – overview
• Federal Court of Justice (BGH) – case law on tenancy

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Zivilprozessordnung (ZPO) – allgemeine Übersicht
3. [3] Bundesgerichtshof – Mietrechtliche Entscheidungen