Tenant Rights Germany: Misuse & Eviction

Many tenants in Germany are unsure what happens when an apartment is misused and the landlord wants to evict. This text explains in plain language which reasons can justify an eviction under tenancy law, which special protections seniors have, and how deadlines, evidence and forms should be handled. I show practically when an eviction is effective, which authorities are responsible and which steps tenants should take immediately, such as documentation, objection or filing complaints at the local court. The goal is to make clear how you as a tenant can protect your rights, which documents help and when it makes sense to seek legal assistance.

What is misused housing?

Misuse generally means that living space is no longer used according to the contract, for example if an apartment is converted into a business without permission or used permanently for another purpose. In certain cases this can be a reason for eviction if the landlord proves that the contractual misuse is significant and continuation of the tenancy is unreasonable ^[1].

When may the landlord evict?

An eviction by the landlord is governed by the rules of tenancy law. Common grounds for eviction include:

• Owner move-in (notice): If the landlord needs the apartment for themselves or close relatives and this can be proven.
• Rent arrears (rent): In the case of repeated or significant payment delays the landlord can evict without notice in serious cases.
• Breach of contract (violation): Serious breaches of contractual duties, such as unlawful misuse.
• Repeated disturbances or unresolved hazards (eviction): If the conduct constitutes an unreasonable nuisance or danger to others.

Deadlines and formal requirements

Evictions must be in writing and specify the reasons for termination. Deadlines depend on the duration of the tenancy; extraordinary evictions often involve very short deadlines. Check every eviction carefully and note the date of service.

Concrete steps for tenants

If you receive an eviction for misuse or a similar allegation, these steps help:

• Check deadlines (deadline): Read the letter carefully and note deadlines and dates.
• Collect evidence (evidence): Secure photos, messages, payment receipts and witness statements.
• Prepare forms & responses (notice): Draft a written statement and send it by registered mail.
• Seek help (support): Contact the court's legal advice office or apply for legal aid/PKH if you cannot afford advice ^[3].

If possible, try to reach an out-of-court agreement with the landlord; this often prevents escalation and eviction proceedings.

Frequently Asked Questions

Can a landlord evict seniors for misuse?

Yes, seniors are not categorically immune from eviction; however, age, health and the landlord's social duties are considered in the balancing of interests. Legal bases are found in the provisions of the BGB ^[1].

Which deadlines must I observe?

For ordinary evictions there are graduated notice periods depending on tenancy length; for extraordinary evictions the deadlines are shorter. Pay attention to the service date and respond immediately.

Where do I file a lawsuit or complaint?

The local district court (Amtsgericht) is usually responsible for tenancy disputes; appeals and revisions may be possible to the regional court or the Federal Court of Justice (BGH) ^[4][2].

How-To

1. Stay calm and review documents: Read the eviction letter and note deadlines and dates (deadline).
2. Create documentation: Secure photos, messages, witness names and payment proof (evidence).
3. Respond in writing: Draft an objection or statement and send it by registered mail (notice).
4. Organize advice: Check eligibility for legal aid or PKH and apply if needed (support) ^[3].
5. Court action: If necessary, file a claim at the competent district court or respond correctly to eviction lawsuits (court).
6. Plan a move: Prepare for a potential eviction to reduce time pressure and explore alternatives (move-out).

Key Takeaways

• Documentation is the most important evidence in disputes.
• Missing deadlines can forfeit rights.
• Early legal advice often avoids costly mistakes.

Help and Support

• [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• [2] Bundesgerichtshof (BGH)
• [3] Bundesministerium der Justiz und für Verbraucherschutz
• [4] Justizportal – Amtsgerichte und Verfahren

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesgerichtshof (BGH)
3. [3] Bundesministerium der Justiz und für Verbraucherschutz
4. [4] Justizportal – Amtsgerichte und Verfahren