Fight Eviction: Tenant Checklist for Germany

Many seniors face the unexpected burden of a termination or eviction lawsuit and do not know what steps are necessary. This checklist is aimed at tenants in Germany and explains in plain language which documents are important, which deadlines apply and how to document evidence securely. You will learn how to file formal objections, when to inform a local court and which sections of the Civil Code and the Code of Civil Procedure are often relevant. Practical tips help organize rent payments, defect records and communication with the landlord. At the end you will find frequently asked questions, a simple step-by-step guide and official contacts for further support.

What to do if an eviction lawsuit arrives?

First check whether the termination was validly served and what reason for termination is stated. Relevant rules can be found in the Civil Code (BGB)^[1] and the procedural rules in the Code of Civil Procedure (ZPO)^[2]. Note the date of receipt, read the deadlines for response and clarify whether you have already received reminders or payment requests. Sometimes formal errors in the termination are sufficient to gain time for a defense.

Practical checklist

• Gather rent payments, receipts and bank statements as proof of payment.
• Document defects with photos, dates and letters to the landlord.
• Observe deadlines for objection or defense and note all dates.
• Prepare a written response: include date, arguments and evidence.
• Contact a counseling center, tenants' association or legal advisor early.

What the court examines

• Whether the reasons for termination are legally sufficient (e.g. payment arrears).
• Whether the tenant presents evidence for counterclaims or defects.
• Whether deadlines were met and who informed whom when.
• Whether special protection rules apply, such as eviction protection for seniors or social benefits.

FAQ

Can the landlord evict immediately?

No, a landlord needs a legally binding judgment or an enforceable title from the local court before a forced eviction can take place.^[3]

What deadlines apply for objections?

The deadlines are governed by the ZPO; often responses or motions must be filed within a few weeks, pay attention to the deadline in the court letter.^[2]

Are there official forms for responses or motions?

The Federal Ministry of Justice provides information and templates; specific form names and guidance can be found on official sites.^[4]

How-To

1. Read the service carefully and note all stated deadlines.
2. Collect evidence: rent payments, photos of defects and written exchanges.
3. Prepare a short written response with date, facts and evidence.
4. Submit the documents to the competent local court or have them delivered by a representative.

Key takeaways

• Deadlines and formal service are critical to your defense.
• Good documentation significantly strengthens your position.
• Seek professional advice or tenant association support early.

Help and Support / Resources

• Civil Code (BGB) — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH) — Case law

1. [1] Civil Code (BGB) — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Case law
4. [4] Federal Ministry of Justice (BMJ) — Information and forms