Fight Eviction for Tenants in Germany

Rights and First Steps

As a senior tenant in Germany you should immediately check whether the eviction notice is formally correct and which deadlines apply. German tenancy law regulates landlord and tenant duties in §§ 535–580a BGB and provides guidance on when an eviction is permissible.^[1] Note the date, method of delivery and content of the notice; this is important if an objection or a lawsuit becomes necessary later.

When is an eviction lawful?

An eviction can occur for different reasons: personal use, serious contract breaches or misuse of the dwelling. Often it depends on form, deadlines and justification. If unclear, seek legal advice early.

• Check deadlines: Pay attention to receipt date and statutory notice periods.
• Check the basis: Is there a legally valid reason such as personal use?
• Formal requirements: A written notice with signature must be present.

Evidence and Documentation

Good documentation helps: photos of defects, written defect reports to the landlord, witnesses and payment receipts. Collect everything clearly so you can present evidence in court at the local court (Amtsgericht) if needed.^[2]

• Secure documents: photos, emails, repair invoices and witness notes.
• Report defects: Ask the landlord in writing to remedy the issues.
• Save correspondence: Keep copies of all letters and replies.

Legal Support and Forms

For evictions seniors should check whether legal advice support or legal aid (Prozesskostenhilfe) is appropriate. A lawsuit or response is filed at the competent local court; the Code of Civil Procedure (ZPO) regulates the process.^[2] Many procedures have standardized forms and guidance on the justice websites of each federal state or orientation at the Federal Court of Justice.^[3]

• Application for legal aid (Prozesskostenhilfe): Used when you cannot afford court costs.
• Objection / response: Written answer to the eviction with facts and evidence.
• Contact advisory services: Local tenant advice or the local court provide information on forms.

Practical Steps on an Eviction Notice

Remain factual: Write responses clearly, dated and signed. Request an extension if you need time to clarify matters. If you have health limitations, document them and include medical certificates where appropriate.

• Request an extension: Gain time to obtain advice.
• Contact the landlord: Initially try an amicable solution.
• Prepare court steps: File a claim or response at the local court if necessary.

FAQ

Can a landlord evict for misuse of the property?

Yes, if they demonstrate that the dwelling will be permanently diverted to a permissible non-residential purpose; the justification and circumstances determine legality.

What deadlines apply for tenants to respond?

Statutory deadlines depend on the duration of the tenancy; respond promptly in writing and within deadlines.

Where do I file a response or lawsuit?

File responses or suits at the competent local court; check forms and possible legal aid in advance.

How-To

1. Check the notice for receipt, date and deadlines.
2. Collect and organize evidence: photos, correspondence, witnesses.
3. Contact the landlord in writing and request clarification or withdrawal.
4. Draft a formal response or have it reviewed through advisory assistance.
5. If needed file a claim or an application for interim relief at the local court.

Help and Support

• Federal Court of Justice – Tenancy Decisions
• Gesetze im Internet - BGB §535
• Gesetze im Internet - ZPO

1. [1] Gesetze im Internet - BGB §§ 535–580a
2. [2] Gesetze im Internet - Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice - Tenancy Decisions