Tenant Protection in Germany: Stop Eviction
As a tenant in Germany, you face many questions when served with a termination or eviction threat: What deadlines apply, what rights do you have and which forms are required? This guide explains step by step how to apply for eviction protection, which documents and evidence help, and how to respond within deadlines. We explain local courts, relevant paragraphs in the BGB[1] and list official forms as well as the procedure for an eviction claim. The text is aimed at non-legal readers and gives clear action steps, contacts and links to authorities. The goal is to give you practical confidence, to understand deadlines and duties, and to improve your chances in court or negotiations.
What to do after a termination?
First check the termination deadline and the date of receipt. If the termination is defective or formally insufficient, you can assert eviction protection. Collect all relevant documents and respond within the specified deadlines.
- Check deadlines: note termination date, receipt and any objection periods.
- Secure the termination letter: keep the original or a copy and document the date.
- Gather evidence: photos, messages, rent receipts and witness statements.
- Contact support: tenant advice, lawyer or social services early; consider legal-aid and court fee assistance.[3]
Keep copies of all letters and payment receipts in a safe place.
Forms and court procedures
In case of imminent eviction you need to know which court is responsible and which forms are necessary. Rental disputes are usually heard before the local court (Amtsgericht); appeals go to the regional court. Procedural rules of the ZPO apply to court actions.[2] Apply for court fee assistance in good time if you cannot afford the costs.
- Application for legal aid (PKH): filed at the competent court when financial help is needed for defence.
- Advice assistance (Beratungshilfe): pre-court support for out-of-court advice; the form is available at the local court.
- Document correspondence: date every letter or email and, if possible, confirm delivery by registered mail.
- Defend against eviction claims: respond formally to the claim and submit evidence in time.
Respond within deadlines to avoid losing important defence options.
Practical steps
Concrete steps help to keep track and respond effectively. Even without a lawyer, correct forms and complete documents protect your rights.
- Act within days: note all deadlines in a calendar and set reminders.
- Organize documents: have the lease, payment proofs, photos and correspondence ready.
- Submit forms: complete PKH or advice assistance applications in full and submit them.[3]
- Seek outside help: contact free tenant advice or social services.
Well-documented cases have higher chances of success in settlements or court proceedings.
FAQ
- Can I object to an ordinary termination?
- You can assert eviction protection against an ordinary termination, especially if there are formal errors or cases of severe hardship.
- Which court handles an eviction claim?
- Eviction claims are usually heard first by the local court (Amtsgericht); procedural rules of the ZPO apply.[2]
- How do I apply for legal aid (PKH)?
- Apply for legal aid (PKH) at the court that hears the case; check your eligibility and submit all required evidence.
How-To
- Check and record deadlines: note receipt dates and deadlines immediately.
- Collect documents: lease, payment receipts, photos and correspondence.
- Request advice: contact tenant associations, social counseling or a lawyer; consider PKH and apply if eligible.[3]
- Prepare court response: reply to the claim on time, submit evidence and attend hearings.
