Tenants: Eviction for Misuse of Housing in Germany

Many tenants in Germany receive an eviction notice because landlords claim misuse of housing — for example when a senior in a shared flat can no longer live alone or rooms are used differently. As a tenant you should know which reasons are legally valid, which deadlines apply and how to effectively object or propose amicable solutions. This text explains in plain language which steps to check, which forms and evidence are relevant and which courts are responsible, so you can protect your rights as a tenant. Examples show how to collect evidence and review an eviction letter so that unclear accusations do not lead to eviction. At the end you will find practical sample texts and tips on how to meet deadlines and seek professional advice.

Legal basis

An ordinary or extraordinary eviction by the landlord must be legally justified. Important rules are in the Civil Code (BGB), especially regarding grounds for termination and deadlines.^[1] Disputes from tenancy agreements are usually handled by the local court (Amtsgericht); appeals go to regional courts and fundamental questions may reach the Federal Court of Justice.^[2]

When does eviction for misuse of housing occur?

• If the landlord claims the flat is used contrary to the agreement (e.g., commercial use instead of residential).
• If subletting occurs without consent or rooms are permanently occupied differently.
• If the rented rooms are altered so they no longer serve the agreed residential purpose.

Check the eviction letter

Check whether the letter is formally correct: it must include the reason for termination, the deadline and a signature. Vague wording is often insufficient; demand a precise description of the alleged misuse.

• Gather evidence: photos, witnesses, tenancy contracts or correspondence with flatmates.
• Note deadlines from the eviction letter and calculate objection periods.
• Request evidence and a detailed explanation of the allegations from the landlord.

Practical steps for tenants

1. Read the eviction letter carefully and mark all dates, reasons and deadlines.
2. Collect all relevant evidence: tenancy agreement, subletting agreements, photos and witness statements.
3. Object in writing within the deadline and briefly explain why the eviction is unfounded.
4. Seek legal advice (tenant association, lawyer) before agreeing to relocation.
5. If necessary, prepare for court and submit your evidence to the local court.

Forms and templates

There are template texts for objections and for reviewing eviction notices; use clear wording: subject, date, reference to the eviction letter, a short statement of counterarguments and a request for withdrawal or review. If deadlines apply, send objections by registered mail or deliver them in person with a receipt.

FAQ

Can a landlord evict for misuse of housing?

Yes, if they prove concrete and verifiable abuses; mere suspicions are usually not enough.

What deadlines apply for objections?

Deadlines are specified in the eviction letter; act quickly and document your objection in writing.

Where do I file a lawsuit?

Disputes about residential tenancy are usually heard at the competent local court (Amtsgericht).^[3]

How-To

1. Read the eviction and mark date, reason and deadline.
2. Collect evidence (photos, contracts, witnesses) and create a chronological file.
3. Draft a written objection and send it within the deadline.
4. Contact legal advice or the tenant association and discuss possible court actions.
5. If necessary, file a lawsuit at the competent local court and submit your evidence.

Help and Support

• Civil Code (BGB) on gesetze-im-internet.de
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesministerium der Justiz (BMJ)
3. [3] Bundesgerichtshof (BGH)