Fight Eviction Suits — Tenant Rights in Germany

Many families in Germany face the fear of an eviction suit. This text explains in clear language what rights tenants have, how protection against termination works and which steps you can take immediately. We describe common causes of eviction proceedings, such as unpaid rent, owner move-in or alleged breaches of duties, and explain how documented evidence, timely responses and court papers interact. This guide helps you recognise important deadlines, prepare official forms and find contacts. The aim is to empower families to use termination protection and avert eviction or delay the process significantly until a fair solution is possible. If necessary, we name local courts, relevant legal provisions and practical forms.

What is an eviction suit?

An eviction suit is a landlord's court action seeking the return of the apartment. The legal duties of landlords and tenants are in the German Civil Code (BGB), particularly on tenancy obligations and protection against termination.^[1] Courts that decide are usually local courts (Amtsgericht) and procedures and deadlines follow the Code of Civil Procedure (ZPO).^[2]

Common reasons for eviction suits

• Rent arrears (rent): outstanding payments can justify a termination.
• Owner move-in (move-out): if the landlord needs the flat for personal use, they can give notice.
• Breach of duties (repair): significant contract violations like persistent disturbances or unauthorised subletting.
• Formal errors or wrongful termination (form): incorrect or insufficient termination letters can be contested.

What to do if you receive an eviction suit

Check the service date and deadlines in the letter. Gather evidence: payment receipts, correspondence, photos of defects, witness statements. If it is about rent arrears, verify payment receipts and consider hardship arguments for families or socially vulnerable situations. For formal defects in the termination, an objection or response is often worthwhile, usually supported by free legal advice or the local court.^[3]

FAQ

Can a family be immediately evicted from the flat?

No. An immediate forced eviction is only possible with an enforceable eviction judgment; in court tenants often have options to postpone deadlines or enforcement.

Which laws protect tenants against unlawful termination?

Key rules are in the BGB on tenancy agreements and protection against termination and in the ZPO on court procedures and deadlines.^[1]

Are there forms to defend against a claim?

Yes. Important forms are available at the competent local court; these include statements in reply to a claim and applications for legal aid or interim measures.

How-To

1. Check the letter immediately (service date, deadlines) and note all dates.
2. Collect evidence (payment receipts, photos, correspondence, witnesses) and create a chronological file.
3. Contact free legal advice or the court's legal advice office early.
4. File a timely response or applications at the local court; consider applying for legal aid.
5. Assess hardship grounds (family, illness) and present documented evidence to the court.

Help and Support / Resources

• Gesetze im Internet: BGB for tenancy law and obligations (contact)
• Gesetze im Internet: ZPO for proceedings and deadlines (contact)
• Justice portal: information on local courts and forms (contact)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Justiz – Informationen zu Gerichten und Zuständigkeiten