Legal Aid 2025 for Tenants in Germany
Many tenants in Germany face disputes with landlords and do not know which documents and deadlines are important for legal aid (PKH). This guide explains in plain language which forms you need, what evidence courts and local courts expect, and how deadlines work. It is aimed at tenants who need judicial assistance for rent reductions, termination, eviction or utility bill disputes. Read the checklist, practical examples and step-by-step instructions so you can submit your application completely and improve your chances of approval.
Legal basis
The most important legal foundations for tenancy law are found in the German Civil Code (BGB), particularly the provisions on rental agreements and maintenance. [1] Procedural rules for lawsuits, deadlines and PKH applications are in the Code of Civil Procedure (ZPO). [2]
Which documents do you need?
For a complete PKH application you usually collect the following documents:
- Pay slips or benefit notices (e.g., wages, unemployment benefits, pensions) to check your financial situation.
- Tenancy agreement and recent utility bills as proof of the tenancy.
- Correspondence with the landlord (e.g., defect reports, termination letters, reminders).
- Photos or defect protocols (e.g., mold, heating failure) as evidence.
- An overview of deadlines and appointments, such as objection deadlines and court dates.
Forms and application
The central document is the application for the granting of legal aid (PKH application). It contains information about you, your financial situation and the subject of the dispute. Submit the fully completed application together with the documents to the local court; missing evidence may lead to rejection. [3]
Deadlines and process
Deadlines in civil procedure are strict: file the application as early as possible, ideally before a court date is set. If you have received an eviction lawsuit or termination, respond immediately because missed deadlines can weaken your defense.
How the court decides
The court examines your prospects of success and your neediness. Prospects of success concern the legal argument and evidence; neediness is calculated from income, assets and monthly burdens. If PKH is granted, court fees and attorney costs can be covered fully or partially.
Example: Tenant with limited income
A tenant with low income who claims a rent reduction due to lack of heating submits heating bills, photos, the tenancy agreement and proof of income. The local court reviews the documents and decides on PKH and possible court dates.
FAQ
- Who can apply for legal aid?
- Any natural person who is unable to bear court and attorney costs themselves can apply for PKH.
- Which courts are responsible for tenancy disputes?
- The local court (Amtsgericht) is usually responsible in the first instance; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH) for appeals.
- Which deadlines are important for the PKH application?
- File the application as early as possible; in general you must respond to summons and notifications within the stated deadlines.
How-To
- Obtain the form: download the PKH application form or get it at the competent local court.
- Collect documents: gather pay slips, tenancy agreement, utility bills, photos and correspondence.
- Calculate costs and income: document monthly burdens and assets.
- Submit the application: send or bring the application with attachments to the competent local court.
- Wait for the decision and respect deadlines: respond immediately to questions or notifications from the court.
Key takeaways
- Complete documentation increases the chances of PKH approval.
- Respond quickly to notifications and deadlines to avoid losing rights.
- Document defects and communication with the landlord precisely.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
