Fight Eviction in Germany: Tenant Rights

As a tenant in Germany you can quickly feel overwhelmed by an eviction lawsuit. This guide helps families avoid common mistakes, meet important deadlines and apply their tenant protection rights in practical ways. We explain in plain language how to check termination letters, collect evidence, submit formal objections on time to the local court and which sections of the BGB are important.^[1] We also show which official forms you need and how civil procedure under the ZPO works.^[2]

What to do in an eviction case?

Respond immediately: check service of process, note the date and read the complaint carefully. Many errors happen because deadlines are missed or receipts are not presented.

• Check deadlines and timeframes so you do not miss an objection.
• Gather all relevant documents: tenancy agreement, termination notice, payment receipts and correspondence.
• Photograph damages, document defects and keep a defect log.
• Contact the competent local court early for procedural guidance.
• Ask about the hearing date and prepare a short written response.

Forms, templates and official guidance

There are official forms and template notices provided by the Federal Ministry of Justice and justice portals. Use templates for responses or power-of-attorney forms if you want to authorize a third party.^[3] Make sure to meet deadlines in the complaint and to cite relevant BGB sections when they support your defense.

Local court, procedure and rights

Eviction actions are typically heard at the local court; there you must raise your objections properly and on time. In civil proceedings, missed deadlines can result in loss of rights. If the case concerns rent reduction due to defects, cite specific sections (§§ 535–580a BGB) and document the extent and duration of the defect.^[1]

How-To

1. Note the date of service and identify deadlines in the complaint.
2. Download template forms or prepare a written response.
3. Collect receipts, photos and witness statements and order them chronologically.
4. Contact the local court to ask whether a written response is sufficient or a hearing will be scheduled.
5. Attend the court hearing or file objections/responses on time.

FAQ

Can I challenge an eviction if the termination is defective?

Yes. If the termination contains formal defects or lacks statutory grounds, you should state these defects in writing and attach evidence.

How quickly must I act?

Immediately: note the service date and check the deadlines in the complaint or the dates set by the court.

Which BGB sections matter for tenants?

Key rules are in §§ 535–580a BGB (landlord duties and tenant rights), which are relevant for termination and defects cases.^[1]

Help and Support / Resources

• BGB §§535–580a — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Federal Ministry of Justice — Forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz — Formulare und Hinweise