Tenant Protection against Eviction in Germany (Seniors)

Many older tenants in Germany face particular problems when landlords evict in protected districts. This guide explains in clear language the key steps: how to review the eviction, observe deadlines, collect necessary documents, file objections and, if necessary, file a claim at the local court. We describe relevant laws, show which official forms and which courts are responsible, and give practical examples so that seniors can act quickly and securely. The aim is that you as a tenant in Germany recognize your rights, meet deadlines and respond appropriately—even without legal knowledge. If necessary, we also name support agencies and explain how to report emergencies. At the end you will find an overview with frequently asked questions and a step-by-step guide.

What does eviction in protected districts mean?

An eviction by the landlord can have different reasons: personal use, economic exploitation or breaches of contract. For tenants, the general provisions of tenancy law under the German Civil Code (BGB) and special procedural rules regarding deadlines and formal requirements apply ^[1]. In protected districts, municipal statutes can contain additional rules for maintaining the residential structure; these seldom change the formal grounds for eviction but can be relevant for restructuring projects.

Immediate measures for seniors

• Check deadlines: Note the date of service and the deadline for objection immediately.
• Collect documents: tenancy agreement, recent rent payments, correspondence and photos of the flat.
• Consider filing an objection: prepare a written, reasoned objection to the eviction.
• Inform the court: if eviction is threatened, contact the competent local court.
• Seek help: call the social welfare office, housing advice centers or tenant counseling and check available support.

Which legal steps are possible?

First, check the formal validity of the eviction: was it delivered in writing, were the deadlines observed and are the reasons for eviction plausible? The provisions of the BGB are decisive for legal assessment ^[1]. If landlords file an eviction suit, the rules of the Code of Civil Procedure (ZPO) for lawsuits, service and enforcement apply ^[2]. There are also relevant decisions of the Federal Court of Justice (BGH) that are important for interpreting key provisions in tenancy disputes ^[3].

Forms and authorities

There is no nationwide standardized "eviction form"; evictions must be in writing and meet the formal requirements of §§ 568 ff. BGB ^[1]. For a lawsuit or responses to an eviction suit, use the forms and information of your competent local court. Forms and guidance on litigations are available from the justice portals of the federal states and central justice portals.

FAQ

Can a landlord evict seniors more easily in a protected district?

No. The formal grounds for eviction remain the same in protected districts; municipal statutes can, however, have urban development effects that influence practice.

Which deadlines do I need to observe?

Watch for the delivery of the eviction notice and the deadlines stated in the letter; objections and filings often have short deadlines—note the date and deadline immediately.

Where do I turn if my landlord files an eviction suit?

Generally, the local court (Amtsgericht) is competent; there you can get information about forms and the procedural steps.

How-To

1. Check the eviction and note all deadlines.
2. Collect evidence: tenancy agreement, payment receipts, photos and correspondence.
3. Draft a written objection and send it by registered mail.
4. If necessary: file a claim at the competent local court or get legal representation.

Help and Support / Resources

• Gesetze im Internet: BGB
• Justizportal: information on courts and forms
• Federal Court of Justice: decisions

1. [1] §§ 535–580a BGB – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – decisions on tenancy law