Tenant Guide: Defend Eviction Suits in Germany

If you, as a tenant in Germany, receive an eviction suit, you often feel overwhelmed and unsure which steps are necessary. This guide explains in plain language how to meet deadlines, which documents serve as evidence, which official forms are relevant and how the procedure at the local court works. You will learn practical immediate measures, a checklist for the appointment and examples for wording in a defence brief. We also name important legal provisions and show where to find official forms and help. The goal is to give you actionable, understandable steps as a tenant so you can defend your rights in Germany quickly and securely. Read on for a practical checklist.

What to do if you receive an eviction suit?

An eviction suit can have different causes (arrears, owner move-in, contract breaches). Important: stay calm, note deadlines and secure evidence. Proceed in a structured way and check the complaint carefully.

• Check deadlines immediately and note receipt date and all appointments.
• Gather all relevant evidence: lease, payment proofs, correspondence and photos.
• Verify payment status: bank statements and receipts clarify any arrears.
• Read the complaint carefully and note which allegations should be disputed.
• Find out which local court is handling the case and which type of procedure is used.

Important documents

Arrange documents chronologically and make copies. Good documentation makes your defence much easier.

• Lease agreement with all annexes and amendments.
• Proofs of rent and deposit payments (bank statements, receipts).
• Correspondence with the landlord (emails, letters, messages).
• Photos of defects and estimates for repairs if applicable.

Forms & deadlines

Typical forms are the payment order for the collection procedure, the complaint at the local court and the defence statement as a response. A practical example: if you receive a complaint alleging arrears, attach bank statements and receipts to your defence and state briefly which amounts you dispute. Relevant laws include the German Civil Code (BGB)^[1] and the Code of Civil Procedure (ZPO)^[2], and the local court (Amtsgericht) is usually responsible in the first instance^[3].

In court: brief procedure

The court reviews the complaint, often schedules a hearing or decides in writing. In an oral hearing you can submit evidence and name witnesses. Prepare a short, structured summary of your facts.

Checklist for the hearing

• Originals or copies: lease, payment proofs and correspondence.
• Photos of defects and written witness statements.
• Note your travel plan and arrival to ensure punctual attendance.
• Prepare a brief defence and bring two copies.

FAQ

How quickly must I respond to an eviction suit?

Once you receive the complaint, note the date and immediately check the stated deadlines; respond within the given deadline or file a defence with the court.

Which documents help my defence?

Lease, payment proofs, correspondence with the landlord, photos of defects and witness names with contact details are especially important.

Can defects help me ward off eviction?

If defects exist, rent reduction, retention or counterclaims may be asserted; check legal bases in the BGB and document damage precisely.

How-To

1. Collect all evidence immediately and make a list of relevant documents.
2. Check all deadlines in the complaint and mark the most important dates.
3. Prepare a written defence stating facts and attaching evidence.
4. File the defence at the competent local court and attach copies of the evidence.
5. Prepare for the oral hearing: bullet points, evidence and possibly witnesses.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Information

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Information about courts