Eviction Protection for Seniors: Tenants in Germany

As a tenant in Germany it is important to know how seniors can receive special protection against eviction. This text explains in plain language when a pensioner can apply for eviction protection, which deadlines and formal steps must be observed and which proofs help. We describe typical reasons for an eviction, what obligations the landlord has, how the local court decides in proceedings and which official forms and contact points are relevant. The goal is to give you as an older tenant concrete steps so that you meet deadlines, assert your rights and, if necessary, find support in time.

Eviction protection for seniors in Germany

Seniors can enjoy special protection if an eviction would endanger their existence or health. The basis for tenant obligations and landlord rights is found in the Civil Code (BGB) regarding tenancy relationships^[1]. In court proceedings, the rules of the Code of Civil Procedure (ZPO) apply, for example for filing a complaint and deadlines^[2].

When is protection possible?

• In case of imminent extraordinary termination by the landlord.
• In case of arrears, when installments or aid are possible.
• In case of serious defects (heating failure, mold) that endanger health.
• If the termination appears formally or materially unlawful.

Important forms and evidence

• Complaint form at the competent local court (civil action) to defend against an eviction.
• Payment orders and proof of payments if the termination is due to rent arrears.
• Medical certificates, attestations and photos as proof of health hazards.

For filing a complaint, the local Amtsgericht is usually responsible; it decides on eviction suits and can set deadlines or grant provisional protection. Procedural and jurisdictional questions are regulated by the ZPO, which also contains form requirements and deadlines^[2]. For precedent-setting decisions in tenancy law, judgments of the Federal Court of Justice (BGH) may be relevant^[3].

Frequently Asked Questions

Can a senior receive eviction protection if they have rent arrears?

Yes, under certain conditions a court can take age, illness or social situation into account and, for example, order installment payments or extend eviction deadlines.

Which deadlines do I have to observe?

Answers depend on the reason for termination: in case of extraordinary termination there are often only a few days to respond, while ordinary terminations have longer statutory deadlines; read the notice carefully.

Where do I file a complaint?

The complaint is filed with the competent local court (Amtsgericht) that has jurisdiction for the location of the rental property. There you can also get information about the procedure.

How-To

1. Check immediately: read the termination carefully and note all deadlines.
2. Collect forms: obtain the complaint form and prepare payment records and medical certificates.
3. Secure evidence: take photos, save messages and keep a log of meetings with the landlord.
4. Contact the local court: file the complaint or get advice on objections.
5. Seek help: contact tenant advice, the social welfare office or legal advice for seniors.
6. Emergency plan: if eviction becomes unavoidable, plan a move in good time and arrange support for transport.

Help and Support / Resources

• Civil Code (BGB) — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH) — Official site

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Official Website