Tenant Guide: Document Economic Exploitation in Germany

Many tenants, especially seniors, face situations in Germany where landlords use the apartment for economic exploitation or apply pressure. This guide explains clearly and practically which information and evidence you should collect, how to observe deadlines and forms, and which courts and authorities are responsible. I describe step by step how to document photos, correspondence, payment records and witness statements so that you are prepared in case of a dispute. The advice is general and aimed at tenants without legal expertise. If a termination or eviction is threatened, careful records help to enforce rights effectively and prepare legal assistance in a targeted manner. Keep copies safe and note dates, times and witnesses.

What counts as economic exploitation?

Here, economic exploitation means measures by the landlord aimed at using the property differently or more profitably than before: sale, conversion into condominiums, modernization with the aim of re-letting at higher rents, or targeted terminations of older tenants. These steps can be legally permissible, but their implementation and justification must be documented. In disputes, the provisions of the Civil Code (BGB) are relevant^[1].

What should you document?

• Photos and videos (evidence) of defects, vacant apartments or construction work, with date and a short note who recorded them.
• Correspondence (evidence) by email, SMS, letter or handover protocol; keep copies and notes of conversations.
• Rent payments (rent): bank statements, receipts and statements that document incoming payments, arrears or changes.
• Repairs and defects (repair): appointments, invoices, tradesmen reports and notifications to the landlord.
• Witnesses and contacts (call): names and contact details of neighbors or relatives who can confirm incidents.

Forms and official documents

For different steps there are official instructions and sometimes standard forms. Relevant regulations are the BGB (rental agreement, termination) and the Code of Civil Procedure (ZPO) for court proceedings^[1][2]. Important practical documents you should have ready or may need to use:

• Termination letter / response (form): Use a template to check formal deadlines and reasons; example: respond in writing and on time if you receive a termination.
• Payment order / default notice (form): If rent is disputed, the local court informs you about the payment order procedure and required documents.
• Statement of claim in an eviction lawsuit (form): Often filed with the court; the competent local court conducts proceedings and enforcement.

How courts and authorities help

In disputes, the local court (Amtsgericht) is usually responsible for tenancy law disputes, including rent reduction, termination and eviction claims. Appeals go to the regional court and possibly to the Federal Court of Justice (BGH)^[3]. The procedural rules are set out in the ZPO, which regulates deadlines and formal requirements.

How-To

1. Collect evidence: photograph damages, document vacancies and gather correspondence (evidence).
2. Secure payment records: keep bank statements, receipts and statements (rent).
3. Observe deadlines: note receipt dates of terminations or reminders and act within the deadlines (deadline).
4. Use official forms: prepare responses to terminations and, if necessary, file applications with the competent authority (form).
5. Seek support: contact the local court or a legal advice service if you are unsure (call).

Steps when faced with immediate termination or eviction

If you have received a termination: 1) Stay calm, 2) scan/photograph the letter, 3) check deadlines and 4) seek immediate legal advice or contact the local court for information about the next steps.

FAQ

What should I do if the landlord wants me to vacate the apartment sooner?

Secure all evidence, respond in writing and contact the local court or legal advice. Deadlines are crucial.

What role does the BGB play?

The BGB regulates the duties of tenant and landlord, grounds for termination and protective provisions; §§ 535–580a are central.

Where do I turn in case of an eviction lawsuit?

The competent local court conducts the lawsuit and possibly the eviction; appeals go to the regional court and finally to the Federal Court of Justice.

Help and Support

• Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions and information

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Entscheidungen und Informationen