Tenants: Defend Eviction Lawsuits in Germany

What to do when served with an eviction suit?

On receiving a claim, first check service and deadline details. Never ignore it: an informal response can preserve deadlines and prevent default judgments. Note the service date, review your lease and payment records, and collect evidence such as photos and correspondence.

Quick overview: key actions

• Check deadlines and respond within the stated time limits.
• Collect records: rent payments, bank statements, photos of defects.
• Prepare a sample response and file it properly.
• Verify that the competent local court (Amtsgericht) is correct and the procedure type.

Laws, forms and courts

The basics of tenancy law are in the Bürgerliches Gesetzbuch (BGB), especially on duties and termination protection, and the court procedure is governed by the Zivilprozessordnung (ZPO).^[1][2] For the defense there is no single nationwide template, but many local courts publish guidance and forms for civil claims. State in your letter your name, file number, a short statement of facts and the evidence you are submitting.^[3]

When are forms needed? A practical example

Example: The landlord sues for arrears. You submit bank statements and payment records, explain in your response why a rent reduction was justified (e.g. prolonged heating failure) and attach defect reports and photos. File the documents with the local court and keep copies.

FAQ

Can I defend an eviction suit alone?

Yes, many tenants submit a written response themselves; for complex cases professional advice is recommended.

Which deadlines matter?

Pay attention especially to the deadline for filing your response and to enforcement deadlines after a judgment.

What does the local court (Amtsgericht) do?

The local court is the first instance in tenancy disputes and decides on eviction claims.^[4]

How-To

1. Check the service immediately and note the date.
2. Collect all evidence: payments, defect reports, photos and correspondence.
3. Draft a written response stating facts, attached evidence and legal arguments and include copies.
4. File the response at the competent local court and verify receipt.
5. Consider legal advice or applying for legal aid if the situation is unclear or financially burdensome.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Local court forms and guidance — justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Amtsgericht Formulare und Hinweise — justiz.de
4. [4] Informationen zur Gerichtszuständigkeit — bundesjustizministerium.de
5. [5] Decisions of the Federal Court of Justice (BGH) — bundesgerichtshof.de