Defend Eviction Suit – Tenants in Germany

As a tenant in Germany, seniors may feel uncertain when facing an eviction suit. This guide explains in plain language how, as an older tenant, you can check your rights, systematically document important evidence, and meet required deadlines. We describe which documents are helpful, how to secure rent payments and correspondence, and when you should contact the local court. Practical examples show how to organize photos, witnesses and proofs so your arguments are understandable in court. The goal is to give you concrete steps to defend an eviction suit or gain time for help and alternative solutions. Where possible, seek legal advice or social support early to improve your chances.

What to do when facing an eviction suit?

First check service of process: formal receipt of the claim is a prerequisite for the procedure. Read the letter carefully and note deadlines and dates. If you have questions about the legal basis, consult the Civil Code, especially landlord duties and protection against termination^[1].

Collect key evidence

• Photos of damages or conditions in the apartment (record date and place).
• Proofs of rent payments, transfer receipts and receipts.
• Correspondence with the landlord: emails, letters, reminders.
• Witness statements from neighbors or caregivers.

Note date, time and participants of each relevant communication. Create a chronological folder, both digital and paper, so everything is easy to find.

Deadlines and court procedure

Respond within the named deadlines: the Code of Civil Procedure governs form and process of claims and responses; late replies can limit rights^[2]. Check whether objection, statement of defense or applications for legal aid are appropriate.

Forms, templates and local court

There are often template texts for a statement of defense or objection. Official information on forms and contacts is available from federal authorities. If the matter goes to court, the local court is usually responsible; there the date for an oral hearing will be scheduled^[3].

• Templates for termination letters and responses (see official forms).
• Applications for legal aid if you are financially eligible.
• Early requests for extensions from the court if necessary.

FAQ

Can I as a senior object to an eviction suit?

Yes, you can object to the suit or submit a statement of defense; this should be clearly reasoned and supported by evidence.

Which evidence is most helpful?

Photos, payment receipts, correspondence and witness statements are particularly persuasive.

Who is responsible for the proceedings?

The local court usually decides tenancy disputes; appeals go to the regional court.

How-To

1. Collect evidence: photos, rent payments, letters and witness statements in chronological order.
2. Check deadlines in the letter and plan your response in time.
3. Seek support: contact tenant advice, social services or legal counsel.
4. If necessary, submit a statement of defense or applications at the competent local court.

Key takeaways

• Document everything clearly and with dates.
• Strictly observe all deadlines.
• Seek support from advisory services early.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Decisions on tenancy law
• Federal Ministry of Justice – Forms and guidance

1. [1] BGB §535 – Duties of the landlord
2. [2] ZPO – Code of Civil Procedure
3. [3] Information on local courts – justiz.de
4. [4] Sample termination / Forms – BMJ