Tenant Protection Germany: Apply for Eviction Stay

As a tenant in Germany, the prospect of eviction can be highly stressful. This guide explains clearly and practically how to apply for an eviction stay under §765a ZPO — even without a lawyer in large cities. You will find concrete steps, necessary deadlines, which official forms are used at the local court and how to collect evidence such as rent payments or correspondence. I also explain which authorities and courts are responsible and how social benefits or housing allowance can affect the process. If necessary, I list official forms and links to local courts, the Federal Court of Justice and statutory sources so you can download documents directly.

What is §765a ZPO?

Section 765a of the ZPO protects debtors in certain cases from immediate enforcement of eviction if conditions such as undue hardship apply and an application for eviction protection is filed^[1]. For tenants this means: if you can substantiate reasons (e.g. illness, homeless children, ongoing negotiations), the court can order a temporary suspension of eviction.

What you should do now

Act quickly and systematically: collect evidence, note deadlines and check which forms your local court requires. You can often file initial protection requests without a lawyer, but you must meet deadlines.

• Lease agreement, current statements and payment records (document)
• Correspondence with the landlord, warning letters or notices of termination (document)
• Check and record deadlines (deadline)
• Prepare forms and the complaint (form)
• Contact social agencies or the local court for advice (help)

Official forms and examples

Proceedings usually require a complaint form or protection application to be filed at the local court. Examples and legal texts on §765a ZPO and relevant BGB provisions are available at "Gesetze im Internet"^[1][2]. Practical example: record dates and times of warnings, attach bank statements and write a short explanation why eviction would be disproportionate.

Who is responsible?

Eviction matters are usually heard in the local Amtsgericht; you file complaints and protection requests there. Jurisdiction and procedure are described on justice portals and the Federal Ministry of Justice website^[3].

FAQ

Who can apply for eviction protection under §765a ZPO?

Affected tenants or household members threatened with eviction who can present undue hardship or other protective reasons.

Which deadlines must I observe?

Deadlines depend on the landlord's or court's notices; act immediately and file applications before the deadlines expire.

Do I have to hire a lawyer?

For simple applications you can act without a lawyer, but for complex cases or objections legal representation is recommended.

How-To

1. Collect documents: lease, payment proofs and correspondence (document)
2. Check deadlines and make a timeline (deadline)
3. Prepare and file complaint or protection request at the local court (file)
4. Monitor service of documents and prepare responses for hearings (court)
5. Plan alternatives such as relocation or social support if necessary (move-out)

Key takeaways

• Respond immediately to notices and court deadlines.
• Keep complete records of payments and communications.
• Use official advisory services and courts for forms and information.

Help and Support / Resources

• [1] §765a ZPO — Zivilprozessordnung (gesetze-im-internet.de)
• [2] §535 BGB — Landlord duties (gesetze-im-internet.de)
• [3] Court structure information (bmj.de)

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1. [1] §765a ZPO — Zivilprozessordnung (gesetze-im-internet.de)
2. [2] §535 BGB — Landlord duties (gesetze-im-internet.de)
3. [3] Court structure information (bmj.de)