Tenant Rights for Eviction in Germany

Many tenant families in Germany face financial strain when landlords serve notices or raise rents sharply. This article explains in plain language your rights as a tenant, how protection from eviction works, which deadlines apply and when a rent reduction is possible. I describe practical steps: how to write written defect notifications, which official forms may be relevant and when you may need to go to the local court. The information follows the relevant sections of the BGB and procedures before German courts. The goal is to give families concrete options so they can check notices, meet deadlines and collect necessary evidence. If you are unsure which forms to use, you will find guidance and links to official authorities in the Help section.

When is an eviction notice legally effective?

An eviction notice must be in writing and comply with the prescribed deadlines and formalities. The basic rules for tenancy agreements and termination are in the Civil Code (BGB).^[1] For court procedures, the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Reasons and deadlines

• Check deadlines: calculate the exact notice date and the start of the deadline.
• Form of notice: the termination must be written; oral statements do not suffice.
• Extraordinary (immediate) termination: only possible for serious breaches of duty by the tenant.

What tenants can do concretely

Practical steps help secure rights and limit financial impact.

• Note deadlines and prepare objections in time.
• Send a written defect notification: describe defects precisely, include dates and photos, and send by registered mail.
• Collect evidence: photos, witness statements, and payment receipts.
• If necessary, submit a response or file a claim at the competent local court; most tenancy cases are handled there.^[3]

Official forms

Important official forms and applications that may be relevant for tenants:

• Application for legal aid (process cost assistance, PKH): filed when you cannot bear court costs; practical example: submit proof of income so the court can check cost coverage.
• Payment order (Mahnbescheid, under the ZPO): often used by landlords for arrears, but it involves procedures and deadlines under the ZPO; check incoming notices immediately and respond on time.
• Claim form at the competent local court: if an eviction claim is filed against you, the court or justice portal will provide information on form and deadline.

FAQ

What can I do if I received an eviction notice?

Check the deadline immediately, document correspondence and send a written defect notification if applicable; seek legal advice and check eligibility for legal aid.

When is a rent reduction possible?

When there are substantial defects that impair habitability, you may reduce the rent; document defects and notify the landlord in writing.

Which court handles eviction cases?

Eviction cases are usually heard at the competent local court; there you can also file a response or get advice on deadlines.^[3]

How-To

1. Check the notice: date, signature, reason for termination and the start of the deadline.
2. Send a written defect notification or response by registered mail and document everything.
3. Gather evidence: photos, witnesses, payment records and communication.
4. If necessary, apply for legal aid and submit a response or claim at the local court.^[2]

Key Takeaways

• Act quickly to protect rights and avoid unwanted eviction.
• Documentation and evidence are crucial for success in court.
• Use official authorities and resources for legal support.

Help and Support / Resources

• Gesetze im Internet – Civil Code (BGB)
• Gesetze im Internet – Code of Civil Procedure (ZPO)
• Federal Court of Justice – information and decisions

1. [1] Gesetze im Internet – Civil Code (BGB)
2. [2] Gesetze im Internet – Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice – information and decisions