Tenant Protection: Eviction & Misuse in Germany

Many tenants in Germany face the challenge when their housing is misused or the landlord threatens eviction. This article explains in clear language which rights families have, which deadlines must be observed and which official forms and evidence are usually required. You will learn how to document defects, what a timely response looks like and when a lawsuit at the local court is sensible. We show practical steps for objections, discussions with the landlord and, if necessary, preparation for court proceedings. We also explain when rent reduction is possible, the role of the BGB (§§ 535-580a) and how to use official guidance from the local court or state judiciary.

What tenants need to know

As a tenant, you have obligations but above all rights: the landlord must maintain the rental property in an agreed condition and may not terminate arbitrarily. In cases of misuse (e.g. conversion into holiday apartments or unauthorized uses), special municipal rules may apply; check your state or city guidance and the funding rules under the WoFG.^[2]

Time limits are important: many responses must be made within short deadlines, otherwise you may lose legal positions. If you receive a termination, read the letter carefully and note the date of receipt.

• Check deadlines: submit objections or statements often within two weeks.
• Collect evidence: secure photos, logs of defects, payment receipts and messages.
• Have forms ready: use sample termination letters or objection templates.

Concrete steps against misuse or unlawful termination

Start with documented conversations and written notices. Send a formal reply to the landlord by registered mail and request written reasons for the termination. Refer, if relevant, to your protection rights under the BGB.^[1]

1. Create documentation: date, photos, witnesses, prior reports.
2. Timely reply: submit an objection or statement within the applicable deadline.
3. Seek advice: contact counseling centers or inform your local court about procedures.
4. Court steps: if necessary, prepare the defense or counterclaim and file documents at the local court.^[3]

FAQ

What can I do if my landlord misuses the property?

Check local rules, document the use and inform the responsible authority or the local court; obtain written advice.

What deadlines apply to a termination?

Deadlines vary: act as quickly as possible and file formal objections within the stated deadlines.

How-To

1. Collect evidence: photos, witnesses, payment records.
2. Draft an objection letter and send it by registered mail.
3. Contact counseling services or the local court for procedural information.
4. File a defense at the competent local court if necessary.

Help and Support

• BMJ Forms and Service
• Gesetze im Internet: BGB §§ 535 ff.
• Justice Portal: Courts and Procedures

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535-580a — gesetze-im-internet.de
2. [2] Wohnraumförderungsgesetz (WoFG) — gesetze-im-internet.de
3. [3] Justizportal des Bundes und der Länder — justiz.de