Tenant Protection for Seniors against Eviction in Germany
Many older tenants in Germany face the fear of an eviction lawsuit, often after disputes about rent, repairs, or termination. This text explains in plain language which rights you have as a tenant, which deadlines apply in court and communication, and which evidence is helpful. I describe practical steps — from quick response to a lawsuit to handling a local court appointment — and list official forms and contact points. The language is simple so you can act without legal expertise. If necessary, I explain when legal assistance or social support should be considered and how seniors can actively defend their rights in Germany.
What to do when served with an eviction lawsuit?
If you receive a complaint or eviction notice, act promptly: check the service, note the date and read the claims carefully. Many rights arise from the BGB (for example, landlord duties, rent reduction) and court procedures are governed by the ZPO.[1][2] Do not miss deadlines: objections or written responses often must be filed within a short time.
Immediate measures (first 1–14 days)
- Check the document carefully and note the service date and deadlines.
- Contact a trusted person or advisory service and explain the situation.
- Collect evidence: payment receipts, photos of defects, messages to the landlord.
- Check for formal defects in the termination or service.
- Consider whether you must file an objection or written response and by when.
Important documents and forms
For defending against an eviction lawsuit, these records are particularly important: lease agreement, rent payment records, correspondence with the landlord, photos, defect reports and medical certificates (if relevant). Useful official forms and information on the complaint process can be found with the judiciary and the legal information portal.[2]
FAQ
- Can the landlord remove me from the apartment immediately?
- No. Immediate eviction without a court order is generally not permitted; evictions usually take place after a final judgment or by the bailiff.
- Which deadlines are decisive?
- Deadlines result from the service of the complaint and the respective correspondence; pay particular attention to deadlines for written response and objection under the ZPO.[2]
- Where is the dispute heard?
- Eviction cases are usually heard in the first instance at the local court (Amtsgericht); appeals go to the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).[3]
How-To
- Read the complaint and note deadlines and claims.
- Gather all relevant documents: lease, payments, defect reports, photos.
- Contact an advisory service or a senior law specialist early.
- Check if a written response or settlement is possible and prepare a reply.
- If a court date is set, attend or be represented; bring all evidence.
- Consider social assistance or provisional relief from local authorities if necessary.
Help and Support / Resources
- German Civil Code (BGB) — gesetze-im-internet.de
- Code of Civil Procedure (ZPO) — gesetze-im-internet.de
- Federal Ministry of Justice and Consumer Protection — BMJ