Tenant Rights Against Eviction in Germany 2025
If landlords serve notice for alleged misuse, many tenants in Germany feel uncertain and seek protection. This guide explains what rights you have as a tenant, which deadlines apply and which evidence is important. You will learn how to review a notice, prepare rent reductions, objections or a lawsuit and which authorities or courts you can contact. The guide lists relevant laws (§§ 535–580a BGB, ZPO)[1] and shows official forms as well as practical examples on how to collect evidence and observe deadlines. At the end you will find an FAQ with concrete answers, a step-by-step objection guide and links to official authorities.
What to do if you receive notice for alleged misuse?
First check the notice carefully: is it written, signed and justified? If a plausible reason is missing, you should act immediately. Under German tenancy law, formal errors or missing deadlines can make the notice contestable (BGB §§ 535–580a)[1].
- Check whether the notice is written and signed and whether the landlord provides name, date and concrete reasons.
- Observe deadlines: responses or objections should be made within the stated period, otherwise rights may be lost.
- Collect evidence: photos, messages, handover records, bank statements and witness names are important.
- Contact advice services: tenant counseling or the local court provide initial guidance on procedures and jurisdiction.
Key steps and forms
Many responses can be informal, but for court actions the rules of the Civil Procedure Code apply. An objection can usually be made in writing; lawsuits require a complaint drafted according to the ZPO requirements[2].
- Objection to the notice (usually informal): state date, your address, reference to the notice and a brief explanation; send it by registered mail or deliver it with confirmation of receipt.
- Lawsuit / protection against eviction: if the landlord files suit or demands eviction, you will need a complaint or response according to the ZPO; check deadlines carefully.
- Local court: tenancy disputes and eviction cases are usually heard first at the competent local court (Amtsgericht).
Example: You receive a notice alleging misuse. You photograph the apartment, collect payment receipts, note times of conversations with the landlord and send an objection letter by registered mail within the deadline.
If it goes to court
Court proceedings follow the ZPO; arrange your documents by evidence and deadlines. In higher instances the regional court decides, and the Federal Court of Justice may clarify fundamental questions[3].
- Organize evidence chronologically and prepare a list of key documents.
- Observe deadlines and court dates; missing them can have consequences.
- Seek legal advice early, especially if eviction is imminent.
Frequently Asked Questions
- Can a landlord evict because of alleged misuse?
- Yes, in certain circumstances; the notice must be factually justified and comply with the BGB. Formal errors or missing evidence make the notice contestable.
- Which deadlines apply?
- Act immediately: there are often short deadlines for objections or filing a lawsuit. Missing deadlines can cause legal disadvantages.
- Which evidence is most helpful?
- Photos, payment receipts, written communication, handover records and witness statements are particularly persuasive.
How-To
- Read the notice carefully and note date and deadline.
- Collect all evidence: photos, emails, SMS, bank statements and witnesses.
- Draft an objection or response in writing and send it with proof of delivery.
- Contact counseling services or a tenant lawyer if unsure.
- Prepare for a possible court hearing and organize your documents.
Help and Support / Resources
- [1] BGB §§ 535–580a tenancy law — gesetze-im-internet.de
- [2] Civil Procedure Code (ZPO) — gesetze-im-internet.de
- [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
