Tenant Protection Against Eviction in Germany
As a tenant in Germany, an eviction suit can suddenly threaten your livelihood, especially for families with children or low income. This article explains in plain language which rights you have as a tenant, how termination protection works and which steps are necessary to defend against an eviction. You will learn which deadlines apply, which evidence is important and how to use rent reduction, defect reports or objections to a termination effectively. We also show which official forms and courts are responsible and how a local court conducts proceedings. The goal is to give you concrete actions so you can respond confidently and secure your home. Read the practical steps below, with examples of filings and deadlines. If unsure, seek legal advice or local tenant counseling early.
What to do when faced with an eviction suit?
Stay calm and examine the complaint carefully: what legal grounds the landlord cites, which deadlines are set and whether prior termination or warning occurred. Check your claims under the German Civil Code (BGB) and the civil procedural rules for filing a lawsuit.[1][2]
Important deadlines and rights
- Respond in writing within the complaint period (deadline) and check for possible objections.
- Observe the eviction deadline (deadline) and consider negotiation options.
- Check whether outstanding rents (rent) are justified and collect receipts.
Evidence and forms
Clear evidence is crucial to defend against eviction: rent payments, photos of defects, written defect notifications and correspondence with the landlord. Legally, the complaint is a written pleading under the rules of the ZPO; there is no single nationwide "eviction complaint template", but the form and required information are guided by the ZPO.[2]
- Complaint (pleading, form) under §253 ZPO – Example: The landlord files an eviction suit; you reply in writing with evidence and a motion to dismiss.
- Enforcement application (form) – relevant if the landlord obtains a judgment; check deadlines and possible protection against enforcement.
- Collect evidence (evidence): bank statements, photos, witness statements and defect reports to the landlord.
Court proceedings
The procedure is usually at the competent local court; the Civil Procedure Code regulates forms and deadlines. In the hearing you should present all evidence or authorize a representative. The Federal Court of Justice (BGH) has emphasized in decisions the importance of careful evidence and formally correct responses.[2][4]
- Hearing at the local court (court): attendance and full evidence submission are important.
- Options: eviction agreement, deferral or settlement instead of immediate forced eviction.
- Check termination protection (safety), for example in cases of serious illness or social hardship.
FAQ
- Can a landlord terminate without giving reasons?
- No. Termination must be legally justified; check the reasons under the BGB and whether hardship exceptions apply.[1]
- How quickly must I respond to a complaint?
- The ZPO sets deadlines for responses and procedural steps; respond promptly and observe the dates in the complaint.
- Which court is competent?
- Usually the local court (Amtsgericht); eviction suits are heard there in the first instance.[3]
How-To
- Contact legal advice immediately and explain the situation.
- Gather evidence: bank statements, photos, correspondence and witness contacts.
- Prepare a written response (form) to the complaint and attach supporting documents.
- Attend the court hearing (court) or appoint a representative.
- Negotiate for deferral, installment plans or hardship protections to avoid forced eviction.
Key Takeaways
- Careful documentation of rent and defects strengthens your defense.
- Act within stated deadlines to preserve your legal rights.
- Seek advice early from local legal services or the court.
Help and Support / Resources
- Contact Federal Ministry of Justice and Consumer Protection for information on laws and courts.
- Gesetze im Internet: Official texts such as the BGB and ZPO.
- Federal Court of Justice: Information on important decisions in tenancy law.
