Tenants: BGH Rulings & Complete Documents in Germany

As a tenant in Germany you often face formalities, deadlines and the question which documents decide a dispute in court. This text explains clearly and practically which documents tenants should collect, how to secure evidence and what role BGH rulings and the local court play. It shows how tenant protection works, which legal foundations in the BGB are relevant and how you can prepare for an eviction suit or a utilities bill dispute. The guidance is aimed at shared flats and individual tenants and lists official forms, practical examples and quick steps so that you meet deadlines and can effectively assert your rights in Germany. Read on for the FAQ, a step-by-step guide and official links.

What to collect

Collect all documents systematically so you can present evidence in a legal dispute. Keep paper and digital copies separately and note dates, times and names in correspondence.

• Rental agreement and handover record (document)
• Photos and videos of defects (photo)
• Deposit receipts and rent payments (deposit)
• Service charge statements and receipts (receipt)
• Correspondence with landlord and neighbours (document)

Legal foundations

Important for tenants are the provisions of the Civil Code (BGB), in particular the tenancy rules in §§ 535–580a, as well as the rules of civil procedure (ZPO). BGH rulings play a central role for interpretation and precedent^[1][2]. Read the relevant BGB paragraphs before missing deadlines.

What to do with a termination or eviction suit

If you receive a termination or eviction threat, this is usually time-critical. Check the reasons for termination, gather evidence and seek legal advice.

• Check deadlines and file an answer on time (within days)
• Contact the local court, a tenants' association or legal advisor (court)
• Complete required forms, e.g. objection or counterclaim (form)
• Name witnesses and organise evidence (call)

FAQ

Which documents are important in an eviction suit?

Rental agreement, handover record, photos or videos of defects, correspondence with the landlord, service charge statements and payment receipts.

Do I have to submit forms to the local court?

Yes, many steps require written applications; if unsure a tenants' association or the local court advisory service can help.

Which laws apply to tenants?

The key rules are in the BGB §§ 535–580a; procedural questions are governed by the ZPO and BGH decisions create precedent.

How-To

1. Collect all relevant documents and keep copies in a secure place (document).
2. Create a chronological file with date, time and a short description of each incident (record).
3. Contact a tenants' association or advice centre for an initial assessment (call).
4. Fill out required forms; for a termination check objection deadlines (form).
5. Submit documents to the local court and prepare for the hearing (court).

Key Takeaways

• Good documentation increases your chances in a dispute.
• Systematically collect the rental agreement, handover record and payment receipts.
• Observe deadlines: respond quickly to terminations and court letters.

Help and Support

• Federal Ministry of Justice – Information and forms
• Laws in the Internet – BGB and relevant paragraphs
• Federal Court of Justice – Decisions on tenancy law

1. [1] Civil Code (BGB) §§ 535 ff.
2. [2] Federal Court of Justice: decisions on tenancy law
3. [3] Federal Ministry of Justice: sample forms (e.g. termination letter)