Tenant Checklist Before Signing: Eviction in Germany

As a tenant in Germany you often face complex decisions: review the lease, observe deadlines and, in the worst case, defend against an eviction. This practical guide is for tenants, shared flats and students who want to check before signing which clauses are risky, which forms you need and how to gather evidence. I explain in plain terms your rights under the BGB^[1], which deadlines matter and which local courts (Amtsgerichte) are responsible. Instead of legal jargon you will find concrete steps, sample pointers for objections and guidance on when a lawsuit must be taken seriously. The goal is for you to quickly understand the required documents and how to act without a lawyer.

Checklist before signing

Before signing a lease: check duration, notice periods, utilities and any special agreements. Do not accept clauses you do not understand and record open points in writing.

• Check term and notice periods (deadline).
• Record rent, utilities and deposit precisely (rent).
• Clarify special agreements or house rules in writing (form).
• Create a handover protocol: photograph and date damages (evidence).

What to do on a notice of termination or eviction threat

Respond in writing and within deadlines: request a detailed reason, check the legal basis (e.g. arrears, owner move-in) and collect evidence for counterclaims. For payment arrears clarify immediately whether installment payments are possible and whether the landlord intends to sue.

Important: Service of termination and court papers follows ZPO rules^[2]. If you receive documents from the court, read deadlines immediately and note the dates for possible objections.

Forms, templates and court

Common documents and their use:

• Complaint form (eviction suit) – filed at the competent local court; example: landlord files suit for unpaid rent.
• Objection / statement – tenant's written reply to the court (response to complaint).
• Handover protocol and payment receipts – serve as evidence in proceedings.

The Amtsgericht is the first instance for tenancy disputes, while the Landgericht and Federal Court of Justice handle higher appeals^[3]. If possible, submit a short, clear statement to the court and attach supporting documents.

Frequently Asked Questions

What is the quickest reaction to a landlord's termination?

Check the notice period immediately, request a written justification and file a concise statement with evidence within the deadline.

Can flatshare residents jointly defend against an eviction?

Yes: all tenants listed in the lease should coordinate, collect evidence and submit a joint response; subtenants need separate proof.

Which deadlines are most important?

Payment deadlines, notice periods and the response deadline after service are critical; record service dates and deadlines immediately.

How-To

1. Collect evidence: photos, handover protocol, payment records and messages.
2. Check deadlines: note all dates from service and set reminders.
3. Submit a statement: keep it brief, factual, attach evidence and file with the court.
4. Prepare for hearing: witnesses, copies of all documents and a clear chronology.
5. If needed, plan moving or handover and review appeal options.

Key takeaways

• Always check notice and payment rules before signing.
• Document everything upon moving in and during disputes.
• Observe deadlines and note court service dates precisely.

Help and Support

• Legal info (BGB online) – gesetze-im-internet.de
• ZPO & procedural rules – gesetze-im-internet.de
• Federal Court of Justice – case law and guidance

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de