Eviction Protection: Tenant Checklist Germany
Practical guidance helps tenants in Germany act quickly and clearly when a notice of termination or threat of eviction arises. This checklist explains in plain language which documents are important, which deadlines apply, and which official sections of the BGB and the ZPO are relevant. You will find concrete sample texts for objections and an overview of the competent courts, as well as practical documentation steps so your application for eviction protection is persuasive. The goal is to provide tenants with manageable steps to protect their rights and meet deadlines if necessary.[1][2]
When can you apply for eviction protection?
Eviction protection becomes relevant when the landlord issues a termination or an eviction lawsuit is filed at the Amtsgericht. Often the termination is based on reasons regulated in the Bürgerliches Gesetzbuch (BGB); sections §§ 535–580a are particularly important. First check whether there are formal errors or missed deadlines.
In Germany, the local Amtsgericht usually decides eviction cases at first instance.
Which forms and templates help?
- Objection letter / sample letter against the termination including date and concrete reasons.
- Application or response to the eviction lawsuit at the competent Amtsgericht (filed as a written submission).
- Evidence and documentation: rent payments, photos of defects, correspondence with the landlord.
Early and complete documentation increases the chances of success when applying for eviction protection.
Important deadlines and procedural steps
Respond immediately to a termination: in some cases you must file an objection within two weeks or submit a statement to the court. Filing and service deadlines follow the Code of Civil Procedure (ZPO). Failing to respond can quickly lead to loss of defensive rights.[3]
Respond to court letters on time to avoid disadvantages.
Practical evidence
- Photos of damages or defects with dates and short descriptions.
- Bank statements of rent payments and receipts for additional costs.
- Correspondence with the landlord, emails, and handover protocols.
Keep all original receipts organized and backed up.
FAQ
- Can I apply for eviction protection against every termination?
- Yes, tenants can generally contest a termination and request eviction protection; success depends on the reasons and evidence.
- Which court is responsible for an eviction lawsuit?
- Generally the Amtsgericht at the property location is responsible; appeals can go to the Landgericht and Bundesgerichtshof.
- What role does the BGB play?
- The BGB governs duties and rights from the tenancy, such as termination reasons and tenant protections relevant to eviction protection.
How-To
- Review the termination carefully and note the date of service.
- Gather evidence: rent payments, photos, emails, and witness statements.
- Draft a short sample objection letter with date, your address, and reasons.
- File your submission at the competent Amtsgericht or have it served; keep proof of filing.
- Seek legal advice or tenant counseling early if unsure.
