Tenant Rights in Germany: Fighting Eviction
Tenants in Germany often face pressure when threatened with eviction. This guide explains in plain language how to avoid common mistakes — from missed deadlines to poor documentation — and what rights families and shared flats (WGs) have. I describe concrete steps: how to check notices, report defects, claim rent reduction and defend against an eviction lawsuit. Useful tips on forms, deadlines and the role of the local court help keep you organized. The goal is to support you to act in time and protect your home in Germany without taking unnecessary risks.
What to do if you receive an eviction lawsuit
If you receive an eviction lawsuit, first check the service, the content and the deadlines. First verify the termination reasons against the provisions of the Civil Code (BGB) and document defects in writing.[1] The procedural rules of the Code of Civil Procedure (ZPO) determine how lawsuits must be filed and answered; often there are short response deadlines.[2]
Common mistakes and how to avoid them
- Missing deadlines (deadline) — act immediately and note the date and time of service.
- Poor documentation (evidence) — collect photos, messages and receipts as proof.
- Using wrong forms (form) — obtain the correct templates from the local court or official websites.
- Not reporting defects (repair) — report heating failure or mold in writing and demand deadlines for remedy.
- Ignoring summons (court) — attend hearings or arrange representation.
Forms and official steps
Important forms are available at the local court or on official justice websites. Typical forms and uses:
- Lawsuit form / complaint (form at the local court): Filed by the landlord to demand eviction; as a tenant you should receive a copy and may prepare a written response (example: objection to the validity of the termination, with dates and evidence).
- Written defect notification (no fixed number, but as a documented letter): Use it when heating, water or mold impair living conditions — send by registered mail and keep receipts.
- Application for legal aid (PKH): If you cannot afford costs, apply for legal aid at the competent court and submit your financial information.
The role of the local court and legal remedies
Eviction and tenancy disputes are usually heard by the local court; appeals may go to the regional court and ultimately to the Federal Court of Justice for precedent.[3] Observe the formal requirements of the complaint under the ZPO and use deadlines to file objections or submit evidence.
FAQ
- What deadline do I have to respond to an eviction lawsuit?
- The deadline can be short; respond immediately in writing and check the service and dates listed in the document.
- Can I defend against eviction because of defects?
- Yes, with serious defects you can assert counterclaims such as rent reduction and present them as part of your defense.
- Where do I apply for legal aid?
- Legal aid is applied for at the competent local court; include proof of income and documentation of your financial situation.
How-To
- Check the service and note deadlines (deadline), act immediately.
- Collect evidence (evidence): photos, defect notices, payment receipts and correspondence.
- Submit a written response if appropriate (form) or request a deadline extension from the court.
- Seek legal advice or local tenant counseling (help), especially for complex termination reasons.
- Prepare for the hearing (court): witnesses, documents and a clear timeline.
- After resolution, review possible appeals or settlement options to avoid further risks.
Key Takeaways
- Deadlines are critical; do not miss dates.
- Good documentation strengthens your case in negotiations and court.
- Use official forms and consult the local court or tenant counseling services.
Help and Support / Resources
- Gesetze im Internet: BGB (Tenancy law) – official statutes
- Gesetze im Internet: ZPO – procedural rules
- Justizportal of the federal states – courts and services
