Tenant Defense for Behavior Eviction in Germany

As a tenant in Germany, a behavior-based eviction can be especially frightening for seniors. This guide clearly explains which documents you need to collect, which deadlines apply, and how you can defend against the eviction. I explain in practical terms which evidence helps (e.g. rent payments, medical certificates, correspondence), how to attend appointments at the local court and which legal bases from the BGB^[1] and the ZPO^[2] are important. The goal is to give you, as a tenant, understandable steps so that you can protect your rights, avoid missing deadlines and appear prepared in court. I list relevant forms, official contact points and practical tips for securing evidence so seniors can improve their chances in tenancy disputes.

Which documents you must collect

Clear evidence is crucial to defend against a behavior-based eviction. Collect documents systematically and label copies with date and source.

• Rent payment records (bank statements, receipts).
• Correspondence with the landlord (emails, letters).
• Medical certificates or care documentation.
• Photos with date and time details.
• Witness list with contact details.

Deadlines and appointments

Keep deadlines in view: the time of receipt of the eviction often determines the start of the response period and procedural deadlines are strictly regulated.

• Observe the termination period and the receipt of the notice.
• Deadlines for eviction claims after service of a judgment or enforcement title.
• Observe deadlines for filing actions at the competent local court.

How to contest the eviction

Practical steps help strengthen your position: file an objection, secure evidence and react within deadlines. Seek legal advice if in doubt.

• Send a written objection and request a clarifying meeting with the landlord.
• Collect evidence and prepare copies for the court (documents, lists, photos).
• File a claim at the local court within the deadline; use the official claim forms on the justice portal.^[3]
• Seek advice from public tenant counseling services or a tenancy lawyer.

FAQ

Can a behavior-based eviction due to disturbances be effective immediately?

Not always; the landlord must state reasons, and warnings or milder measures are often required.

What role does the local court play in eviction disputes?

The local court often decides on eviction claims and monetary claims in proceedings under the ZPO.

Which pieces of evidence are most important?

Payment records, correspondence, medical certificates and photos are central.

How-To

1. Collect evidence: payments, letters, certificates.
2. Write a formal statement of defense and send it by registered mail.
3. If necessary, file a claim at the competent local court within the deadline.
4. Use official counseling centers and prepare for the court appointment.

Key Takeaways

• Deadlines are critical: do not miss response times.
• Documentation is your strongest defense.
• The local court is the first instance for most tenancy disputes.

Help and Support / Resources

• German Civil Code (BGB) – law text
• Code of Civil Procedure (ZPO) – law text
• Justice Portal – forms and information

---

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Justice Portal of the Federation and the Länder — justiz.de