Tenants: Defend Eviction Lawsuits in Germany 2025

Tenants facing an eviction lawsuit in Germany need clear steps to protect their rights. This guide explains in plain language which deadlines apply, which documents are important as evidence, and how the responsibilities of the local court and higher instances work. It shows how to check for formal errors in the termination, use rent reductions or repairs as a defense, and when it makes sense to seek legal help. The goal is to give you practical actions so you can meet deadlines, collect evidence, and prepare a coherent response to improve your chances in court.

What is an eviction lawsuit?

An eviction lawsuit is a civil claim by the landlord for the surrender of the apartment, often combined with payment claims for rent arrears or an extraordinary termination. The basis is tenancy law rules in the BGB, especially §§ 535–580a^[1], and the court procedure according to the ZPO^[2]. The procedure begins with filing a lawsuit at the competent local court (Amtsgericht), which initially decides on payment claims and possibly an eviction title.

First steps for those affected

• Immediately check deadlines and service dates, because omissions can cost rights.
• Collect evidence: rent payments, correspondence, photos of defects and witness statements.
• Read the complaint carefully and note the legal basis and claimed amount.
• Contact legal advice or a tenants' association early to assess chances of success.

Typical defenses

• Rent reduction due to significant defects can create counterclaims and affect the duty to vacate.
• Formal errors in termination or a missing warning can invalidate the complaint.
• Proof of regular rent payments or installment agreements reduces payment claims.
• Social protection reasons (e.g., risk of homelessness) must be considered during enforcement.

How a procedure at the local court works

The local court examines the complaint and evidentiary material and can issue an eviction title. Typically a hearing date follows; if the landlord obtains an enforcement title, eviction is often carried out by the bailiff. Competent are the local courts; for appeals the regional court and possibly the Federal Court of Justice decide.^[3]

Practical action steps

• Note all deadlines from the complaint and set reminders.
• Create an organized evidence file with payment receipts, photos, and correspondence.
• Prepare a written defense or reply to the complaint and file it timely with the local court.
• Seek advice from a tenants' association or lawyer; check for legal aid or free consultation options.

How-To

1. Check service and record all deadlines.
2. Collect evidence: bank statements, photos, messages and witnesses.
3. Draft a factual written defense with your evidence.
4. Apply for legal advice support or legal aid if needed and make an appointment at an advisory center.

FAQ

Can I file an objection to an eviction lawsuit?

Yes, you can submit a reply or defense to the competent local court and present evidence.

Which deadlines must I observe?

Pay attention to the deadlines stated in the complaint and to service deadlines for the court.

Who is responsible for the eviction?

The local court decides in the first instance; the bailiff is responsible for enforcement.

Help and Support / Resources

• BGB: Duties of the landlord (§§ 535–580a)
• ZPO: Code of Civil Procedure
• Federal Court of Justice (BGH) – Case Law
• Justice Portal: Information on Courts and Competencies

1. [1] German Civil Code (BGB) § 535 ff.
2. [2] Code of Civil Procedure (ZPO)
3. [3] Justice Portal: Information on Courts and Competencies
4. [4] Federal Court of Justice (BGH) – Decisions