Tenant Mistakes on Misuse & Eviction in Germany
Tenants in large cities often face complex questions about misuse, eviction and deadlines. This text explains in clear language which common mistakes tenants should avoid, how eviction protection works and which deadlines are especially important. You will learn how to collect evidence, check formal eviction notices and which authorities or courts are responsible. Practical tips show when rent reduction is possible, how to respond to an eviction and which official laws and forms you should know so you can effectively assert your rights in Germany.
What misuse and eviction mean
Misuse means that living space is no longer used for the agreed residential purpose, for example through permanent commercial use or continuous renting to tourists. An eviction by the landlord can be due to personal need, arrears of rent or significant breaches of contract. The legal bases in the German Civil Code (BGB) and the procedural rules of the Code of Civil Procedure (ZPO) are important.[1][2]
Common tenant mistakes
- Missing deadlines: Failing to respond to an eviction in time or missing an objection can cost rights.
- Poor evidence collection: Photos, correspondence and witnesses are often missing in disputes about condition or use.
- Formal errors in replies: Written statements must be clearly dated and signed.
- Ignoring payment issues: Not addressing outstanding rent claims or not confirming them in writing.
- Missing court deadlines: Not attending filing deadlines or hearings at the local court.
Concrete steps when receiving an eviction
When you receive an eviction, first check content and delivery: Was the eviction delivered in writing and are the reasons understandable? Check deadlines for moving out or objecting and consider whether it is a summary (frictionless) eviction. If in doubt, immediately make copies of files and collect evidence.
When rent reduction is possible
If there is a defect (heating, water, mold), tenants can reduce the rent until the defect is remedied. Report defects in writing and set a reasonable deadline for correction.
Examples of forms and templates
- Eviction letter (template): Written evictions should include date, addresses, reason for eviction and signature.
- Objection to eviction: Informal written statement with an explanation of reasons, date and signature.
- Evidence list: Prepare photos, condition reports, witness statements and payment records as attachments.
FAQ
- What is misuse and who decides?
- Misuse describes using living space for purposes other than living; municipalities are often responsible and courts decide in disputes.
- How quickly must I react to an eviction?
- Responses and objections should be made within the deadlines stated in the eviction or immediately; if in doubt, secure evidence and seek legal advice.
- Where do I file an eviction lawsuit?
- Eviction lawsuits are filed with the competent local court; appeals are handled by regional courts.[3]
How-To
- Collect evidence: photos, messages, payment records and witness statements.
- Draft a written response to the eviction with date and signature.
- Check deadlines and set deadlines for remedying defects or objections.
- If uncertain: Prepare a timely lawsuit or objection at the local court.
Help and Support
- Gesetze im Internet: BGB §§ 535–580a
- Gesetze im Internet: ZPO
- Bundesgerichtshof (BGH)
- Justizportal: Court information
