Eviction Protection §765a ZPO: Tenants in Germany

Many tenants in Germany suddenly face an eviction lawsuit and feel overwhelmed. This text explains plainly what eviction protection under §765a ZPO means, which deadlines and steps you must observe, and how a template letter can buy you time. I describe how to collect evidence, which courts are responsible, and which official forms you need. The guidance refers to §§ 535–580a BGB for tenancy law and to the ZPO for procedure. You receive practical action steps, template guidance and links to official authorities so that you can assert your rights as a tenant in Germany securely and on time. If possible, seek legal advice or tenant counseling quickly to avoid missing deadlines.

What is eviction protection under §765a ZPO?

Eviction protection under §765a ZPO protects debtors from immediate enforcement in certain cases and for tenants it can mean that enforcement is only possible after certain procedural steps. Tenancy issues are additionally governed by the provisions of the BGB on termination and the duties of landlords and tenants^[1][2]. The procedure usually runs through the competent local court (Amtsgericht), which also decides the eviction claim and sets dates.

Quick steps for tenants

• Check the service immediately, note all deadlines and the service date.
• Collect evidence: photos, payment receipts, messages and witness statements.
• Prepare a template letter to the landlord; send it by registered mail or in a way you can prove.
• Contact a tenant advice center or lawyer promptly for an initial assessment.

Template letter: sample & notes

A template letter can be informal but should include: your details, the case number, a short statement of facts, a request that enforcement be withheld pending review under §765a ZPO, and a list of attachments. Date the letter and reference enclosures. Official complaint forms and information are available via the justice portal of the federal states^[3]. Use delivery receipts (registered post/return receipt) as evidence.

When to send the letter

• Immediately after receipt of the termination or the lawsuit so deadlines start to run.
• At least before the scheduled court date to prepare for any hearing.
• Before making payments: present payment receipts to dispute claims.

FAQ

Who is responsible for eviction claims?

Usually the competent local court (Amtsgericht), which also orders eviction enforcement; on appeal the regional court and possibly the Federal Court of Justice decide in higher instances^[3].

How much time do I have to respond?

Deadlines can be very short; after service of a lawsuit or enforcement notice you must react immediately. Procedural deadlines are regulated in the ZPO.^[2]

Where can I find official forms and legal texts?

Legal texts such as the BGB and ZPO can be found on Gesetze im Internet, and form information on the justice portal of the Länder.^[1][2][3]

How-To

1. Open the court mail immediately and note the date of service.
2. Collect all relevant evidence: lease, payment receipts, photos and messages.
3. Draft a template letter with facts, deadline and list of attachments; send it with proof of delivery.
4. Inform the competent local court about your actions and request file inspection if needed.
5. Seek legal or tenant advice and schedule a meeting before the court date if possible.

Help and Support / Resources

• BGB - Bürgerliches Gesetzbuch (gesetze-im-internet.de)
• ZPO - Zivilprozessordnung (gesetze-im-internet.de)
• Justizportal des Bundes und der Länder (justiz.de)
• Bundesgerichtshof (bundesgerichtshof.de)

1. [1] BGB - Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] ZPO - Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Justizportal des Bundes und der Länder (justiz.de)