Protect Tenants: Misuse & Eviction Evidence in Germany

As a tenant in Germany you can defend yourself against misuse of your apartment and unjustified evictions. This guide explains in plain language which pieces of evidence help, which deadlines to watch and how to respond formally: from defect notices to written objections and filing a claim at the local court. I describe practical steps which documents and photos matter, how to secure witnesses and communications and when professional legal help is advisable. The guidance is based on relevant provisions of the BGB and civil procedure law and shows which forms or statements of claim typically come into play. This helps you as a tenant to better protect your rights and resist a pending eviction.

What to do about misuse and a threatened eviction?

Misuse often means the landlord is using the apartment differently than contractually agreed (e.g., commercial use or subletting without permission). If the landlord issues or threatens an eviction, first gather facts and respond in writing. Refer to relevant statutory bases such as the landlord obligations and reasons for termination in the BGB^[1].

Important evidence

• Photos of use, damage or alterations.
• Written correspondence by email or letter and chat logs.
• Witness statements from neighbors or craftsmen.
• Receipts, bills and handover protocols.

Record date, time and circumstances of each observation; store digital copies in multiple secure locations.

Deadlines and required formal steps

• Respond within the deadlines set by the landlord.
• Where appropriate, set a written deadline for remedy or cessation (defect notice or cease-and-desist demand).
• Check whether a summary termination for serious breaches is possible or whether objection is the better option.

Forms and possible claims

There is no single mandatory form for every situation, but certain formalities apply: for a claim the statement of claim under the ZPO is relevant; an eviction claim is filed at the competent local court^[2]. The landlord's termination letter must state the reasons for termination; in social or tenancy-specific cases additional proof may be required. Often a formal defect notice or objection in writing is useful before court steps are taken.

Practical action steps

1. Collect all evidence (photos, messages, witnesses) and secure dates.
2. Send a written defect notice or a reasoned objection and document receipt.
3. Seek advice from tenant counseling or a lawyer if the situation escalates.
4. Consider filing a claim at the local court (eviction claim) following ZPO rules^[2].

FAQ

Can I object to an eviction for misuse?

Yes. You should object in writing, present evidence and possibly obtain legal advice to assess your chances.

Which evidence is most important?

Photos, written communications, witnesses and official bills are particularly persuasive.

When do I need to go to court?

If the landlord maintains the termination and negotiations or formal objections fail, filing a claim at the local court may be necessary.

How-To

1. Collect evidence: photos, messages and name witnesses.
2. Send a written objection or defect notice and document its receipt.
3. Seek counseling or a lawyer before deadlines expire.
4. If necessary, prepare a claim for the local court and submit the statement of claim under the ZPO^[2].

Help & Support / Resources

• Civil Code (BGB) – rights and obligations under the tenancy agreement
• Code of Civil Procedure (ZPO) – formal rules for claims and statements of claim
• Federal Court of Justice (BGH) – case law on tenancy matters

1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: ZPO §253 (statement of claim)
3. [3] Federal Court of Justice: decisions and guidance on tenancy law