Legal Aid Checklist for Tenants in Germany
As a tenant in Germany, you can apply for legal aid (Prozesskostenhilfe, PKH) if you cannot afford the costs of court proceedings yourself. This page explains in simple terms which documents relate to landlord and tenancy disputes, which deadlines apply and how the local court and the Code of Civil Procedure (ZPO) review the decision. We explain which forms are needed, how to collect proof of income and expenses, and which steps are sensible before filing a lawsuit. Use the checklist so your application is complete and the court can decide on legal aid more quickly.
What is legal aid?
Legal aid is state support to cover litigation costs when you as a party cannot afford the costs yourself. PKH checks two points: financial situation and prospects of success of the legal action. The legal foundations are in the Civil Code (BGB) and the Code of Civil Procedure (ZPO). [1][2]
Who can apply for legal aid?
Basically any natural person with low income or assets, often tenants with low wages, unemployment benefits or social benefits. The court requires information about income, rent payments and ongoing costs. If you have maintenance obligations or debts, this affects the granting.
Which documents do you need?
- Completed application form "Application for the granting of legal aid" (Formular) and signed attachments.
- Proof of income: pay slips, unemployment benefit II notice or pension notice (payment).
- Proof of rent payments and deposit status, bank statements in case of rent arrears (rent).
- Correspondence and evidence: letters with the landlord, photos of defects, receipts for repairs (document).
- Expert reports or cost estimates for major damages (repair).
Forms and authorities
The central form is usually called "Application for the granting of legal aid"; it is available at the competent local court or online via the relevant justice portal. Enter your financial situation completely in the form and attach the listed proofs. [3]
Preparation and deadlines
- Submit the PKH application at the latest together with the lawsuit or the opponent's filing at the court (deadline).
- Submit responses to court requests within the set deadline (within days).
- If you hire a lawyer in advance, discuss whether they will declare provisional coverage of costs (form).
The procedure before the court
Once the application is filed, the local court reviews your information. If necessary, it requests additional proofs. The decision can be granting (fully or partially) or refusal. If granted, the state covers court costs and possibly attorney fees; if denied, you must bear the costs yourself or consider legal remedies.
FAQ
- Can I get legal aid for a rent reduction lawsuit?
- Yes, if your financial situation does not permit the costs and the lawsuit is not hopeless, PKH can be granted.
- What role does the local court play?
- The local court is usually responsible for tenancy disputes and decides on PKH applications related to these proceedings.
- Do I have to disclose all my debts to the court?
- Yes, the court requires full disclosure of your assets and income, otherwise the application can be rejected.
How-To
- Obtain the PKH application form from the competent local court or justice portal and read the instructions carefully (form).
- Attach proofs: income statements, bank statements, tenancy agreement and correspondence with the landlord (document).
- File the application together with the lawsuit or the response at the court to meet deadlines (deadline).
- Wait for the decision of the local court; provide additional evidence if requested (court).
- If uncertain, contact an advice center or your local tenants' association for help filling out the form.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Justice portal of the federal and state governments (Justizportal)
- Gesetze im Internet (BGB, ZPO)
