Signing Checklist for Tenants in Germany

Special Termination Protections 3 min read · published September 07, 2025

As a tenant in Germany, you should systematically check your rights and obligations before signing a rental agreement. This practical guide helps tenants understand rent, deposit, notice periods, repair duties and special rules such as eviction protection under §765a ZPO, especially for shared flats in big cities. You will get concrete checkpoints, guidance on official forms and examples of how to observe deadlines and proceed at the local court without a lawyer. At the end you will find a short FAQ, a step-by-step guide to applying for eviction protection and official links to statutes and authorities. Use this list as a pre-signing check, document everything and respond promptly if problems arise.

What to check before signing

  • Rent amount and utilities: Check the exact breakdown and compare the stated advance payments with local norms. [1]
  • Deposit: Clarify amount, payment method and repayment deadlines; question contractual lump sums.
  • Notice periods and special termination rights: Pay attention to contract clauses and statutory minimum notice periods.
  • Eviction protection under §765a ZPO: Check whether special rules or deadline extensions apply and how an eviction suit proceeds. [2]
  • Repairs and defects: Record which duties the landlord has and how to report defects.
  • Shared-flat rules and subletting: Clarify in writing who uses which rooms and whether subletting is allowed.
  • Move-in and move-out report: Agree on a detailed handover protocol with photos.
  • Contact details: Note landlord, property manager and emergency contacts in writing.
Keep all rent payments and receipts organized and stored safely.

Eviction protection & summary

In German proceedings, §765a ZPO is central for forced evictions: courts can adjust eviction orders or grant deadline extensions in specific cases; initial decisions are usually at the local court (Amtsgericht). [2][3] Tenants should prepare timely responses, collect evidence and, if necessary, file applications for protection at the Amtsgericht.

Respond to notices or eviction suits within set deadlines.

Forms and documents (official guidance)

  • Termination letter (no formal requirement): Tenants can usually give notice informally; a clear, dated and signed letter is often sufficient.
  • Application/filing regarding eviction protection: A simple application or written submission to the competent local court with justification and evidence (income, social data) is often required. [2]
  • Statutory texts for orientation: Read the relevant tenancy law provisions in the BGB, especially on duties and termination protection. [1]
Forms are often informal; the crucial point is a clear, evidence-based presentation of your case.

FAQ

Who decides tenancy disputes and evictions?
In first instance, tenancy disputes and eviction actions are usually handled by the local court (Amtsgericht); higher courts are the Landgericht and, in exceptional cases, the Federal Court of Justice (BGH).
What can I do if the landlord fails to carry out necessary repairs?
Document defects in writing and with photos, set a reasonable deadline for correction and consider rent reduction if the landlord does not act. Seek legal advice if the landlord fails to respond.
How do I apply for protection if eviction is imminent?
Gather all relevant evidence (rental agreement, payment records, correspondence), submit a response to the local court and file an application for hardship consideration under §765a ZPO. [2]

How-To

  1. Collect evidence: rental agreement, handover report, payment proofs and photos of defects.
  2. Contact the landlord: communicate in writing and keep records of all messages.
  3. Check deadlines and file a response: file a formal response or application with the local court within the required time, referencing §765a ZPO if relevant.
  4. Proceed at the local court: submit documents and request examination of eviction protection grounds at the Amtsgericht.
  5. Prepare for hearing: bring copies of all documents and any witnesses.

Key Takeaways

  • Good documentation is often decisive for protecting tenant rights.
  • Meeting deadlines is essential to preserve legal options.

Help and Support / Resources

  1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
  2. [2] Zivilprozessordnung (ZPO) §765a — gesetze-im-internet.de
  3. [3] Federal Ministry of Justice: Tenancy law — bmj.de

Categories

Tenant Rights & Protections Lease Agreements & Types Security Deposits & Accounts Rent & Rent Control Utilities & Service Charge Billing Repairs & Maintenance Duties Modernization & Cost Allocation Termination by Tenant Termination by Landlord & Protection Move-In & Move-Out Inspections House Rules & Communal Rights Privacy & Landlord Entry Rights Discrimination & Equal Treatment Accessibility & Disability Rights Social Housing & Housing Entitlement Certificate Housing Allowance & Rent Subsidies Dispute Resolution & Rent Reduction Safety & Emergency Protections Liability & Household Insurance Special Termination Protections Special Housing Types Tenant Associations & Advice Services
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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