Defend Eviction Suits for Tenants in Germany

What is an eviction suit?

An eviction suit is the landlords judicial claim that a tenant vacate and surrender the apartment. Court proceedings follow the Civil Procedure Code (ZPO) and the rights and duties of tenants and landlords are set out in the German Civil Code (BGB)^[1][2]. In practice the local court (Amtsgericht) usually decides rental disputes; it examines whether terminations are valid and which deadlines apply.

Avoid common mistakes

Many problems can be avoided if tenants react early and document properly. The following points show typical mistakes and how to avoid them.

• Missing deadlines: not responding to termination or service of documents.
• Incomplete evidence collection: missing photos, no correspondence, no payment records.
• Formal errors in objections or responses: wrong address or missing signature.
• Payments not documented: rental payments not proven by bank transfer or receipts.
• Repairs and defects not recorded: this removes grounds for rent reduction or counter-evidence.
• No support sought: not contacting advisory services or tenant help early enough.
• Uncertainty about jurisdiction: contacting the wrong court instead of the responsible local court.

Forms and official steps

Key legal bases and procedural rules are in the BGB and ZPO, which you should review when preparing documents^[1][2]. Typical documents and forms relevant in this context:

• Lawsuit / statement of claim (written presentation of your objections): filed at the local court when the landlord has started court proceedings; example: attach rent payments, correspondence and photos as exhibits.
• Written response to the claim: explain reasons against eviction and attach evidence.
• Payment records (bank transfer receipts, receipts): show you paid rent or disputed claimed amounts.

Practical steps

How to act immediately after service or termination:

1. Collect evidence immediately: photos, messages, payment proofs and witness names.
2. Note all deadlines from the service and set reminders.
3. Draft a written response and file it with the local court.
4. Contact advisory services or the legal aid office if you are unsure.
5. Prepare for the court appointment and bring all documents with you.

Frequently Asked Questions

What should I do first after receiving an eviction suit?

Check service immediately, gather all relevant evidence and respond in writing

Which deadlines matter most?

Pay attention to answer deadlines and objection periods. Missing a deadline can forfeit defense rights.

Where do I file my response?

At the local court handling the case; address letters correctly and include copies of evidence.

How-To

1. Collect evidence immediately: photos, messages, payment proofs and witness names.
2. Note deadlines and set reminders.
3. Draft and file a written response with the local court.
4. Contact advisory services or legal help if needed.
5. Prepare for court and bring all documents.

Key Takeaways

• Observe deadlines and respond in writing to protect your rights.
• Good documentation is often decisive in disputes.
• Seek official counseling early to avoid mistakes.

Help and Support / Resources

• BGB §535 on landlord duties
• ZPO - Civil Procedure Code
• German Justice Portal - courts and jurisdictions

1. [1] BGB §535 on landlord duties
2. [2] ZPO - Civil Procedure Code
3. [3] German Justice Portal - courts and jurisdictions