Tenant Defense Against Eviction in Germany

What to do when faced with an eviction suit?

First get an overview of the letter: who is suing, what claim is made and which deadlines are set? Your rights as a tenant are regulated in the German Civil Code (BGB), especially the provisions on rental agreements and landlord duties (Sections 535–580a)^[1]. Note deadlines and the competent court and keep all evidence of rent payments and defects.

Deadlines and evidence

Deadlines are decisive: written summons must be answered on time. Missing or missing deadlines reduces your defence chances. Prepare all relevant documents and secure evidence systematically.

• Check deadlines (deadline) and enter them in your calendar immediately.
• Document rent payments (rent): secure bank statements, receipts and direct debit records.
• Collect evidence and photos (evidence) of defects, correspondence and handover records.
• Name witnesses and document contact details (contact).

Forms and authorities

Important forms and applications tenants should know about:

• Statement in reply to the complaint (Klageerwiderung): Respond in writing, explain your view and attach evidence.
• Application for legal aid (Prozesskostenhilfe, PKH): If you cannot afford lawyer and court costs, apply for PKH at the court.
• Power of attorney for a lawyer: Authorises a lawyer to represent you in the proceedings.

Practical example: If you receive the complaint on the 1st of the month with a two-week deadline, note the date and prepare a reply within the deadline including copies of all rent payments and photos of defects.

Eviction proceedings in court

The proceedings usually take place before the competent local court; the complaint is examined there and a judgment is issued. Procedural rules and formal requirements follow the Code of Civil Procedure (ZPO)^[2]. If the judgment is in the landlord's favour, enforcement and possible actual eviction by enforcement authorities may follow.

Frequently Asked Questions

What is an eviction suit?

An eviction suit is a legal action by the landlord seeking to compel you to surrender or vacate the dwelling.

Which deadlines are particularly important?

The deadline to reply to the complaint and deadlines for objections or applications (e.g. legal aid). Do not miss deadlines.

When should I apply for legal aid?

If you cannot afford lawyer and court costs, promptly check the possibility of legal aid and apply at the court.

How-To

1. Check deadlines (deadline) immediately and note the dates.
2. Secure rent payments (rent) with bank statements and receipts.
3. Gather evidence (evidence): photos, defect reports and correspondence.
4. Draft a written reply (form) listing your defenses and attaching evidence.
5. Check funding options (contact): legal aid or advisory services.
6. Attend court dates (court) and bring all documents to the hearing.

Key Takeaways

• Documentation matters; collect evidence right away (success).
• Deadlines often decide the outcome (deadline).
• Seek advice early and consider legal aid (contact).

Help and Support / Resources

• German Civil Code (BGB) – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Office of Justice – bundesjustizamt.de

1. [1] German Civil Code (BGB) Sections 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Information on courts and justice — bundesjustizamt.de