Defend Eviction Claims: Tenant Rights Germany
As a tenant in Germany, an eviction claim can suddenly have existential consequences. This guide explains step by step how to defend an eviction claim, which pieces of evidence typically help and which deadlines must be observed. You will learn which documents (rental agreement, proof of payments, photos of defects) are important, how to find formal errors in the complaint and which courts are competent. The text names relevant legal bases such as the BGB and the ZPO[1][2] and shows practical actions: collect evidence, respond within deadlines and, if necessary, raise objections and counterclaims. The goal is to give you clear and practical guidance so you can effectively assert your tenant rights in Germany.
What is an eviction claim?
An eviction claim is the landlord's legal demand to terminate the lease and have the apartment vacated. The local court (Amtsgericht) is usually responsible as the first instance for tenancy disputes.[3] The proceedings follow the rules of the Code of Civil Procedure; formal defects in the complaint, missing evidence or contradictory claims can strengthen your defense.
Collect important evidence
Evidence is decisive: collect all relevant documents and arrange them chronologically. Make sure to present originals and clear copies.
- Rental agreement and amendments
- Proofs of payment (transfers, receipts)
- Correspondence with the landlord (emails, letters)
- Photos and documentation of defects (date, time)
- Official or technical reports, repair invoices
Formal errors and defense strategies
Check the complaint for formal errors: missing signature, unclear claim amount or unproven termination reasons. Such defects can lead to dismissal or return. Also file an objection and your own statement of facts immediately if deadlines loom.
Procedure and deadlines
Understand the key procedural steps: service of the complaint, exchange of statements, possible conciliation hearing, main hearing and judgment. Deadlines are short and must be strictly observed.
- Check the date of receipt of the complaint and calculate deadlines
- Submit a formal defense or statement of defense on time
- Prepare for the conciliation and main hearing
If you assert defects of the apartment as a counterclaim (e.g., rent reduction due to lack of heating), provide concrete evidence and deadlines. Name witnesses and attach photos.
Practical steps before and during the hearing
Prepare a tidy folder with all documents, mark the most important ones and note a short chronology of the dispute. Arrive on time for the court hearing and dress appropriately.
- Have a folder with copies of all documents ready
- Inform and summon witnesses in time
- Keep contact details of your contact person or legal counsel ready
What to do if an eviction order exists?
A binding eviction order allows the landlord to carry out a forced eviction. Check immediately whether legal remedies (appeal, revision) are possible and whether protection from enforcement can be applied for, for example due to existential hardship.
Frequently Asked Questions
- Can I file an objection to an eviction claim?
- Yes. You can submit a written response to the complaint and present your own claims or objections.
- Do I have to vacate the apartment immediately when the landlord sues?
- No. You are not obliged to vacate until a final eviction order exists.
- What role does the local court play?
- The local court is competent in the first instance for tenancy disputes and decides on eviction claims.
How-To
- Collect evidence and photos and arrange them chronologically
- Check deadlines and document deadline calculations
- File a written defense with the court within the deadline
- Prepare documents, witnesses and notes for the hearing
Help and Support / Resources
- Gesetze im Internet (BGB, ZPO) — Legal texts
- Federal Ministry of Justice and Consumer Protection
- Federal Court of Justice — tenancy law decisions
