Tenants in Germany: Fight Eviction Lawsuits

As a tenant in Germany, you may face many questions when an eviction lawsuit arrives: which deadlines apply, which forms are required and which court will handle the case? In this guide we explain clearly how to effectively defend against an eviction lawsuit, which legal bases are relevant (BGB)^[1] and how civil procedure rules operate (ZPO)^[2]. You will learn which evidence helps, how to meet deadlines and which steps at the local court are reasonable^[3]. Practical examples and links to official forms make it easier in practice; at the end you will find official links and the most important form guidance.

What is an eviction lawsuit?

An eviction lawsuit is the landlord's court claim to have the tenant vacate the apartment and return the keys. The lawsuit is usually filed at the local court; there the court decides on arrears, termination protection and the allocation of the apartment. For complex legal questions appeals may proceed to higher instances.

Key defense strategies for tenants

The right defense depends on the case: for arrears it may be about payment agreements, for an alleged immediate termination about proof of defect remediation or warnings. Collect evidence and respond promptly to service.

• Dispute arrears (rent/arrears) or propose an installment agreement
• Check termination and deadlines (notice/form) and point out formal errors
• Document defects (repair/maintenance) and assert rent reduction
• Collect evidence (document/evidence): photos, messages, payment receipts
• Contact court and authorities (contact/help) early

Which deadlines should tenants observe?

Deadlines are central: filing dates, submission of a response and dates for oral hearings must be strictly observed. Missing deadlines can forfeit important defense options.

• Meet response deadlines (time/deadline): note the date of service and record deadlines
• File objections and responses (notice/form) on time
• Prepare for hearings (court/hearing) and bring documents

If you are unsure which documents are required, collect at minimum the lease, termination letter, proof of payments and documentation of defects. Official sample forms help ensure correct filings.^[4]

Evidence checklist

Good documentation greatly improves your chances in court. Ensure complete proof where possible.

• Photos and videos (evidence/document) of defects with dates
• Payment receipts (rent/payment) and bank statements
• Correspondence with the landlord (notice/form) and warnings
• Witness statements or inspection protocols (entry/inspect)

FAQ

What should I do if I receive an eviction lawsuit?

First check the service date and deadlines, gather evidence and file a timely response with the local court.

Can the landlord evict without court?

No, forced eviction usually requires an enforceable title and involves enforcement authorities.

What role does the BGB play in tenancy disputes?

The BGB regulates the basic rights and duties of tenants and landlords, for example regarding defect remediation and termination periods.

How-To

1. Check deadlines (time/deadline): record the date of service and note deadlines
2. Collect evidence (evidence/document): photos, messages, payment proof
3. Prepare your filing (notice/form): submit a timely response to the court
4. Attend the hearing (court/hearing): bring documents and present facts calmly

Help and Support / Resources

• Read the relevant BGB regulations on tenancy law.
• Information on the Civil Procedure Code (ZPO) and procedure.
• Official government forms collection for claims and responses.

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Zivilprozessordnung (ZPO) — procedural rules
3. [3] Information on local courts and procedures
4. [4] Official government forms collection