Tenant: 5 Steps to Win Eviction Cases in Germany

Many tenants in Germany face the question of how to defend themselves against unlawful repurposing of their apartment or a threatened eviction. This practical guide explains in clear steps how to collect evidence, respect deadlines and use template letters to protect your rights. It is aimed at tenants without legal expertise and names the most important laws, authorities and procedures for Germany. At the end you will find a clear step-by-step process, an FAQ and official links to legal texts and courts. Read each step carefully and document incidents thoroughly so you are prepared if a formal dispute arises. If possible, seek legal advice early or use advisory services of the city and tenant associations.

What to do about unlawful repurposing and eviction?

As a tenant, you should first stay calm and document systematically. Note date, time and type of incident, take photos or videos and collect all written communications from the landlord. If it concerns formal termination, check the landlord's reason and compare it with the provisions of the Civil Code (BGB).^[1] Consider sending a written defect notice or response before reacting to a termination.

Core steps for securing evidence

• Take photos and videos (evidence) — keep date and time visible.
• Keep written records (record) — document events, witnesses and locations.
• Send a defect notice or response (notice) — by registered mail or verifiable delivery.
• Observe deadlines (deadline) — pay attention to response and termination periods.
• In case of eviction: examine lawsuit or objection in good time (court) — local court responsible.

If you involve craftsmen, property management or authorities, document their appointments and results as well. Reliable documents, invoices and witness statements increase evidentiary weight. In many cases a well-documented notification to the landlord is enough to achieve clarification; if the situation remains unresolved, courts can provide further assistance.^[2]

Case examples and template letters

Below you will find simple template letters and examples of when to use which letter. Use registered mail with return receipt or deliver in person with a confirmation of receipt. A short template can be: "I hereby report defects and set a deadline for remedy until [date]." Adapt the letter to your case and attach evidence photos.

FAQ

What is unlawful repurposing?

Unlawful repurposing occurs when residential space is used for other purposes without permission and thereby harms tenant interests.

How do I document evidence correctly?

Take dated photos, keep a written log, collect witness statements and keep messages and invoices.

What deadlines apply to a termination?

Notice periods are governed by the rules of the BGB; in disputes the rules of the ZPO apply to lawsuits and the local court is competent in the first instance.^[1]

How-To

1. Collect evidence immediately (evidence) — photos, videos, messages and witnesses.
2. Write a formal defect notice (notice) — set a deadline and secure proof.
3. Observe deadlines (deadline) — respond within set times or risk losing rights.
4. Inform the local court (court) — prepare a lawsuit if necessary and check jurisdiction.
5. Seek help and advice (contact) — contact the city, local court or official advisory services.

Help and Support / Resources

• BGB §§ 535–580a – Gesetze im Internet
• ZPO – Civil Procedure Code – Gesetze im Internet
• Federal Court of Justice – Decisions

1. [1] BGB §§ 535–580a – Gesetze im Internet
2. [2] ZPO – Zivilprozessordnung – Gesetze im Internet
3. [3] Bundesgerichtshof – Entscheidungen