Fight Eviction: Tenant Rights in Germany

Termination by Landlord & Protection 3 min read · published September 07, 2025

As a tenant in Germany, an eviction lawsuit can feel intimidating, yet many affected people do not fully know their rights. This guide explains in plain language the common misconceptions, which deadlines you must observe, and how to systematically collect evidence to fight an eviction. We cover the jurisdiction of local courts (Amtsgericht), the relevant sections of the BGB and ZPO, typical procedural steps, and practical template examples for families and students. The goal is to enable you to react in time, use appropriate forms, and, if necessary, seek legal help so you can secure your apartment and avoid unnecessary legal disadvantages.

What you need to know about eviction lawsuits

An eviction lawsuit is usually filed at the local court (Amtsgericht); it follows civil procedure rules in the ZPO and the tenancy provisions in the BGB[1][2]. Important: a termination alone is not an immediately enforceable eviction. The landlord must sue and obtain a judgment before forced eviction is possible. Respond promptly to service, check deadlines, and keep all letters, emails, and payment receipts.

In many regions, the local court decides eviction matters as the first instance.

Common misconceptions

  • The termination is immediately effective and you must move out at once.
  • If rent is once unpaid, you automatically lose all rights.
  • There is no sensible reaction pattern to an eviction notice.
A quick, documented response increases your options and protection possibilities.

Practical steps to fend off an eviction lawsuit

Follow these steps systematically: check the termination, note deadlines, collect evidence of payments and defects, and prepare a coherent response for the court. If unsure, apply for legal advice assistance or legal aid, especially for students or families with low income. In disputes, a self-written answer plus evidence can be sufficient to delay or fend off a lawsuit.

  • Check deadlines and respond within the stated days.
  • Gather payment records, photos of defects, and correspondence as evidence.
  • Submit a timely formal reply to the court.
  • Seek legal advice via legal aid or local advisory services.
Keep digital and printed copies of all documents in a safe place.

Official forms and templates (with practical examples)

Important forms and procedural paths include:

  • Payment order / Mahnbescheid: Used when claims exist; as a tenant it can be relevant if the landlord asserts monetary claims and you want to object (example: objecting to a payment order with proof of payments).[2]
  • Reply to the lawsuit: A written response to the local court in which you present your account and evidence (example: reporting unresolved defects as counter-argument to a summary termination).
  • Application for legal advice / legal aid: Forms available at the local court clerk's office or from a lawyer; practical for students and families with limited income to fund legal assistance.
Always file responses and applications within the deadlines set by the court.

The precise procedural rules are in the ZPO; read the relevant sections to understand deadlines and formal requirements.[2]

FAQ

Can I immediately file an objection to an eviction lawsuit?
You can send a written reply to the court; deadlines are stated in the lawsuit papers. A timely reply is crucial to secure your defense.
Who decides first about the eviction?
The local court (Amtsgericht) decides in the first instance on eviction lawsuits; higher courts are the Landgericht and, if applicable, the Federal Court of Justice for appeals.
Are there special rules for families or students?
Yes. In cases of special need, social aspects, advisory services, and legal aid may apply; check eligibility and apply for assistance early.

How-To

  1. Check the deadlines: Read the lawsuit documents carefully and note all deadlines.
  2. Collect evidence: payment receipts, photos, defect reports, correspondence.
  3. File a reply: Draft a written response and file it with the local court.
  4. Apply for legal aid: Request legal advice or legal aid if you need financial support.
  5. Prepare for the hearing: Get ready for court or hire a lawyer.

Key procedural notes

Remain factual, document every step, and communicate in writing when possible. Court dates should be taken seriously; failing to appear without excuse can have adverse consequences.

Record date, time and content of every verbal agreement with the landlord.

Help and Support / Resources

  1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
  2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
  3. [3] Bundesgerichtshof — Decisions and guidance

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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