Tenant Protection in Eviction Cases in Germany

As a tenant in Germany, the threat of eviction can be very stressful. This guide explains in plain language how eviction protection under § 765a ZPO works, which types of evidence (e.g. photos, payment records, witness statements) can help, and which deadlines you must observe. You will receive practical tips for collecting and securing documents, information about proceedings at the local court (Amtsgericht) and a simple printable checklist. The aim is for you to better understand your rights, act in time and improve your chances in an eviction proceeding with supporting evidence. If necessary, we also show which official forms and authorities can be involved. Read on for concrete steps, sample texts and tips for securing evidence.

What does § 765a ZPO regulate?

§ 765a ZPO can have important effects in enforcement proceedings, for example regarding monetary claims and the legal consequences of an eviction.^[1] In an eviction case, it is important to know which enforcement title underlies the enforcement and whether formal requirements are met.

Which pieces of evidence help?

• Photographs and videos of damage, mold or blocked access should be documented and securely stored.
• Collect rent payments, receipts and bank statements to prove payment history.
• Keep written correspondence with the landlord (emails, letters, defect notifications) and handover protocols.
• Record witness contacts who can attest to the condition or handovers.

Deadlines and proceedings

When acting against an eviction you must observe deadlines; relevant tenancy law provisions are found in the BGB (e.g. §§ 535–580a).^[2] Objections to service, steps in the enforcement process and responses to orders should be taken quickly. The local court (Amtsgericht) is the first instance for many tenancy disputes; eviction claims and related proceedings are heard there.^[3]

Printable checklist

• Collect photos, videos and date information and arrange them chronologically.
• Document all rent payments and arrears with bank statements and receipts.
• Prepare copies of correspondence, defect reports and acknowledgements of receipt.
• Note appointments, deliveries and contacts with the court or bailiff.

FAQ

Can I file an objection against an eviction?

Yes, tenants can raise objections at the local court and refer to eviction protection under § 765a ZPO.

Which deadlines must I observe?

There are short time limits for objections and appeals; respond immediately after service of the claim or eviction notice.

Which forms do I need?

Important documents include the enforcement title, correspondence, payment receipts and, if applicable, forms from the bailiff.

How-To

1. Gather evidence: photos, videos, payment records and witness contacts.
2. Prepare a short chronological summary of events and copy all documents.
3. File objections or statements with the competent local court if necessary.
4. Contact the bailiff or court registry early to clarify dates and procedures.
5. Bring all evidence to the appointment and use the checklist.

Help and Support / Resources

• ZPO §765a – Text of the law
• Bürgerliches Gesetzbuch (BGB) – German Civil Code
• Information about courts and procedures – justiz.de

---

1. [1] Zivilprozessordnung (ZPO) §765a – gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
3. [3] Information about courts – justiz.de