Fight Eviction: Tenant Protection in Germany

Many tenants in Germany receive an eviction notice from their landlord, even in conservation areas, and feel overwhelmed. This article explains step by step how you as a tenant should respond: which evidence is important, which official forms and deadlines apply, and when you should involve the local court. We describe practical evidence such as photos, witness statements and correspondence, show how you can legally review evictions under §§ 535–580a BGB^[1], and name relevant authorities and forms. At the end you will find a clear checklist, FAQ and a how‑to guide so you can enforce your rights in Germany quickly and understandably. Also read which deadlines apply, how to formulate an objection and what role tenant protection plays in modernizations.

What to do if you receive an eviction notice in a conservation area?

First, check the written eviction carefully: form, reasoning and deadlines. Note whether the eviction is based on social or urban-development reasons and whether the area is under conservation rules. Legally, the duties and rights of landlord and tenant are regulated in §§ 535–580a of the BGB, which you should read when preparing^[1]. Immediately collect evidence and document everything chronologically.

Collect important evidence

• Photos (photo) of damages and the apartment condition, dated.
• Correspondence (document) such as emails, letters and texts, preserved.
• Rent payments (rent) proven by bank statements and receipts.
• Witness statements (record) recorded in writing and signed.
• Note deadlines (deadline) and set reminders.

Forms and authorities

For many steps there are official templates and guidance at the Federal Ministry of Justice. Use templates for objections or statements and submit them on time. Official templates and guidance are available from the Federal Ministry of Justice and on official law portals to avoid formal mistakes. Further legal details on lawsuits and procedures are set out in the Code of Civil Procedure (ZPO) and on the law portal.^[3]

When court becomes necessary

If a lawsuit is necessary, the local court (Amtsgericht) is the first instance for many tenancy disputes; in special cases the regional court or the Federal Court of Justice decides later. The ZPO regulates how an eviction lawsuit is filed and heard, which deadlines apply and what evidence is needed^[2]. Seek advice in time and present your collected evidence.

FAQ

Can I challenge an eviction in a conservation area?

Yes. You can have the eviction reviewed, collect evidence and file an objection or a lawsuit if there are formal or substantive errors.

Which evidence is most helpful against an eviction?

Photos, written communication, bank statements proving rent payments and signed witness statements are particularly relevant.

When should I involve the local court?

If an out-of-court settlement fails or the eviction appears unlawful, the local court is the next step for an eviction lawsuit or its defense.

How-To

1. Check the eviction deadline (deadline) and the start of the deadline.
2. Collect evidence (evidence): photos, correspondence, witness statements.
3. Use official forms (form) and submit an objection or statement.
4. If necessary, file a lawsuit at the local court (court) or obtain legal advice.

Help and Support

• BGB: Law text at the Federal Ministry of Justice
• ZPO: Code of Civil Procedure in the law portal
• Federal Ministry of Justice: Forms and templates

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Federal Ministry of Justice - Forms