Fight Eviction Lawsuit: Tenant Rights Germany 2025

Many tenants in Germany face the sudden worry of an eviction lawsuit. This guide explains in clear language which steps you as a tenant can now take: check deadlines, find required forms, collect evidence and what role the local court (Amtsgericht) plays. You will receive practical tips on how to behave when documents are served, how to communicate with the landlord and how to prepare for a possible hearing. The aim is to give you confidence and avoid common mistakes so you can effectively protect your rights.

What to do when an eviction lawsuit arrives?

If you receive a writ of summons or a proof of service, do not react impulsively. Check deadlines and the exact reasons for the lawsuit. Gather all rental contracts, payment receipts and correspondence with the landlord. Note important dates and deadlines in writing.

Initial steps (short term)

• Check deadlines and note appointments.
• Read written demands and the complaint carefully.
• Collect evidence of rent payments, deposit accounting and communications.
• Contact the responsible local court to clarify dates and procedural questions.

Important legal bases

Your tenancy and the duties of landlord and tenant are regulated in the Civil Code (BGB). Court proceedings are governed by the Code of Civil Procedure (ZPO). The local court (Amtsgericht) is usually responsible for rental disputes and eviction lawsuits.^[1][2]

When is it worth contesting or counterclaiming?

A contest is useful if the termination or eviction claim contains formal errors, payment claims are incomplete or there are defects in the apartment that justify a rent reduction. Also check for deadline errors or social protection rules against eviction.

Typical defense arguments

• Apartment defects (e.g., heating failure, mold) that justify a rent reduction.
• Missing or incorrect accounting and payment records.
• Missing formal reasons for termination or unlawful claims of owner occupancy.

FAQ

How much time do I have to contest a lawsuit?

Deadlines are set out in the complaint and the ZPO; check the dates given there and act quickly to avoid missing deadlines.^[2]

Can I stay in the flat until a decision is made?

As long as a final eviction judgment has not been issued, protection often exists; the court examines the concrete circumstances.

Who decides tenant rights in disputes?

The competent local court decides first; in higher instances the regional court and the Federal Court of Justice (BGH) may be relevant as precedent.^[3]

How-To

1. Check deadlines: note all dates from the complaint immediately.
2. Obtain forms: request documents from the local court or use official template letters.
3. Collect evidence: assemble payment receipts, photos of defects and correspondence.
4. Prepare for the court date: compile a factual, complete file and name possible witnesses.

Path to quick help

• Seek legal advice early — counseling centers or lawyers can provide important guidance.
• If possible, consider an out-of-court settlement with the landlord.

Help and Support

• Gesetze im Internet (BGB & ZPO) — official law texts
• Federal Ministry of Justice (BMJ) — information & contact
• Federal Court of Justice (BGH) — case law

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Case law on tenancy law