Tenant Toolkit Germany: Eviction & Evidence

Many tenants in Germany face sudden evictions or problems with the misuse of their accommodation. This guide explains in practical and clear terms how to collect and document evidence and which official forms or deadlines matter so that you can protect your rights even without a lawyer. I show simple steps for photos, written communication, deadlines and correctly submitting evidence to the local court or to the landlord. Avoid panic: with clear checklists, template texts and pointers to relevant laws (BGB, ZPO) you can plan the necessary steps and meet deadlines. The information is general and aimed at tenants in Germany who need to act practically and quickly.

What to do for eviction and misuse?

Start with a clear, dated record of all relevant incidents. Note date, time and involved persons and secure digital evidence like photos, videos or emails. Many legal questions are based on landlord duties under the German Civil Code (BGB) (§§ 535–580a).^[1]

• Photos (photo) and videos for spatial documentation.
• Emails and SMS (document) between you and the landlord.
• Logs of defect reports or caretaker appointments (record).
• Copies of termination and deadline notices from the landlord (form).

Forms and official documents

There is no single mandatory "termination form", but sample texts and formal requirements help: a dated termination letter from the landlord must show the reason and the deadline. For court actions, prepare documents for the local court; tenancy disputes are usually heard first at the Amtsgericht.^[2]

Practical checklist for evidence

• Dated photos/videos (photo) with UTC timestamp if possible.
• All messages by email or registered mail (document).
• Witness names, addresses and short written statements (record).
• Copies of terminations, warnings or notices (form).

How to proceed without a lawyer

If you cannot afford a lawyer or must act quickly, follow a structured approach: collect evidence, send an acknowledgement or reply to the landlord, set a reasonable deadline to remedy a defect and document every deadline. If eviction is threatened, consider whether to file an objection or go to the local court. Court procedures follow the rules of the Civil Procedure Code (ZPO).^[3]

• Check deadlines and note them immediately (deadline).
• Respond in writing or send a formal reminder (form).
• Contact tenant advice centers or legal aid for initial support (help).

FAQ

Can my landlord evict me without reason?

No. Terminations must be legally justified or based on contractually or legally permitted reasons; the rules in the BGB are relevant.^[1]

Which types of evidence are most helpful?

Clear photos, dated messages, witness statements and all documents related to terminations or deadlines are decisive.

Where do I file an eviction suit?

Eviction claims are filed at the competent local court; information about jurisdiction is available on state justice portals.^[2]

How-To

1. Collect evidence immediately: photos, emails and witness statements (record).
2. Draft a written reply to the landlord and send it by registered mail (form).
3. Seek advice from a tenant counseling service or consumer advice center (help).
4. If necessary, file documents with the local court and cite relevant law sections (court).

Key Takeaways

• Complete documentation is often more important than immediate litigation.
• Formal deadlines and written communication are essential.

Help and Support / Resources

• Contact: Justiz portal of the federal states and the federal government (justiz.de) — court jurisdiction information.
• Forms: Gesetze im Internet (gesetze-im-internet.de) — legal texts for BGB and ZPO.
• Case law: Federal Court of Justice (bundesgerichtshof.de) — tenancy law precedents.

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1. [1] §§535–580a BGB – Gesetzestext (gesetze-im-internet.de)
2. [2] Local courts – jurisdiction information (justiz.de)
3. [3] ZPO – Civil Procedure Code (gesetze-im-internet.de)
4. [4] BGH – Leading tenancy decisions (bundesgerichtshof.de)