Tenant Check Before Signing: Eviction in Germany

As a tenant in Germany, you should carefully check before signing a termination notice or settlement offer whether an immediate (fristlose) eviction is legally justified. Many common mistakes arise from missing documentation, incorrect deadline calculations, or accepting terms without legal review. This guide explains in plain language which criteria apply to an immediate eviction under German tenancy law, which evidence you should collect, and which official forms and courts are involved. You will find concrete action steps, practical sample wording, and deadline guidance along with official state resources so you can assert your tenant rights in Germany securely and legally. At the end you will find a step-by-step guide, a FAQ section with common questions, and official links to statutes and courts in Germany.

When is an immediate eviction possible?

An immediate eviction is only possible for an important reason, such as serious rent arrears or major contractual breaches; the statutory rules are in the BGB.^[1] Decisions of the Federal Court of Justice (BGH) clarify the application of important eviction grounds in individual cases.^[3]

Typical mistakes before signing

• Missing evidence (evidence): Photos, messages or handover records are not available.
• Deadlines miscalculated or missed (deadline): Response and objection periods are overlooked.
• No written warning before eviction (notice): Preliminary measures are not documented.
• Accepting eviction threats without a court order (court): Written demands are accepted without contest.

What to do as a tenant?

Practical steps tenants in Germany should take now:

• Gather evidence: secure photos, chat logs, payment receipts and witness notes.
• Send a written statement or objection to the landlord (notice) and set a deadline for reply.
• Seek legal advice or contact tenant support if unclear.
• If necessary: consider filing suit or seeking protection against eviction at the local court (court). ^[2]

FAQ

Can I contest an immediate eviction?

Yes. You should object in writing, provide evidence and observe deadlines; consider legal action if necessary.

Is a warning required before an immediate eviction?

Often yes: for many breaches a prior warning is required, except in particularly serious cases.

What role does the local court play?

The local court (Amtsgericht) is generally responsible for eviction claims and tenancy disputes.^[2]

How-To

1. Collect all evidence and create an organized dossier.
2. Send a clear dated statement to the landlord and demand a time to respond.
3. Contact free advisory services or tenant associations for an initial assessment.
4. If the landlord proceeds, prepare documents for a claim or eviction protection and file them at the local court.^[2]

Key Takeaways

• Deadlines are critical: do not miss them.
• Thorough documentation improves your chances of success.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Case law on tenancy law — bundesgerichtshof.de