Apply for Eviction Protection — Tenants in Germany

What is eviction protection?

Eviction protection is the process by which tenants in Germany try to avert or delay an impending forced eviction. It includes timely responses, formal filings and, if necessary, an application for interim relief to gain time for resolving the dispute. Relevant tenancy duties and termination rules are in the BGB, while the ZPO governs court proceedings.^[1][2]

Quick steps after a termination

• Check deadlines: Immediately note objection or appeal deadlines and comply with response times.
• Secure correspondence: Collect rent payments, defect reports, photos and emails in chronological order.
• Consider an application: If eviction is imminent, assess whether an interim relief application is appropriate.

Forms and the local court

There is not always a nationwide mandatory form for opposing an eviction; many courts accept a simple written pleading (written statement) as a defense or application. In urgent cases, an application for interim relief can be filed; this requires statements on urgency, supporting evidence and a clear presentation of facts. The local court (Amtsgericht) is usually responsible for tenancy disputes and eviction lawsuits.^[3][2]

Important forms and notes

• Written defense / pleading — often no nationwide numbered form; example: submit a written defense with counterarguments and evidence to the local court.
• Application for interim relief — if eviction is imminent; example: file an emergency application with evidence of payments and circumstances.
• Complete evidence folder — gather lease, payment records, defect reports and correspondence.

Frequently Asked Questions

Can I get eviction protection immediately?

In urgent cases, the local court can grant interim relief if it is credible that an immediate eviction would cause undue harm; the court decides based on the file and urgency.^[2]

Which deadlines apply?

Deadlines stem from service of the termination and court schedules; act quickly and note all dates so you can file objections or applications in time.^[1]

Are there costs?

Court and possibly attorney costs may apply; in some cases legal aid or consultation assistance is available if requirements are met.

How-To

1. Check the termination and record all relevant deadlines.
2. Collect evidence: lease, payment proofs, defect reports, photos and messages.
3. Prepare a written pleading or emergency application and file it at the competent local court.
4. Seek advice (tenant association, lawyer) and check eligibility for legal or consultation aid.

Help and Support / Resources

• BGB and tenancy law – Gesetze im Internet
• ZPO – Gesetze im Internet
• Local courts and procedure – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Local courts and court organization — justiz.de
4. [4] Federal Court of Justice (BGH) – decisions on tenancy and enforcement — bundesgerichtshof.de