Tenants: Eviction Protection in Germany's Cities
Many tenants in Germany's large cities face pressure when landlords terminate a tenancy or threaten eviction. This text explains clearly how to apply for eviction protection in Germany, which deadlines and pieces of evidence are important, which official forms are commonly used, and which courts you can approach. I describe practical steps — from documenting defects and rent payments to filing an objection and possible court applications. The aim is to give you concrete actions so you can meet deadlines, know your rights, and prepare necessary documents. This information does not replace individual legal advice but helps plan the next steps more confidently.
What is Eviction Protection?
Eviction protection refers to measures intended to prevent a tenant from immediately losing their home after a termination. Civil law provisions of tenancy law in the BGB regulate landlord and tenant rights and duties, such as maintenance obligations and grounds for termination [1].
When can tenants act?
Tenants should act as soon as they receive a termination, eviction threat, or eviction suit. Procedural rules of the ZPO apply to court actions; an eviction suit by the landlord follows a notice and lawsuit process in which deadlines are particularly important [2]. Document all letters, payment receipts and defects, and note dates precisely.
Forms, templates and practical examples
Official templates can be found at federal authorities; commonly used documents are termination objections, applications for postponement, or filings with the competent local court. A common example is a written objection to termination stating reasons (e.g. lack of social clause, hardship) and listing supporting evidence [3].
- Objection to termination: in writing, with date, signature and supporting documents.
- Documentation of defects: photos, emails to the landlord and repair receipts.
- Observe deadlines: record postal deliveries, service dates and court dates.
Procedure of an eviction case
If the landlord sues, the local court (Amtsgericht) initially decides on the eviction claim; in higher instances, regional courts and ultimately the Federal Court of Justice may set precedents [4]. Typical steps include service of the claim, oral hearing and possibly interim measures. During proceedings, the tenant can request postponement or propose settlements.
FAQ
- What can I do if I receive a termination?
- Check the grounds for termination, collect evidence, file an objection in time and seek legal advice.
- Which deadlines are important?
- Deadlines for objections, responses to claims and eviction dates must be strictly observed; note service dates and deadline expirations.
- Who decides on eviction claims?
- Generally the local court decides; regional courts and the Federal Court of Justice can be authoritative on legal questions.
How-To
- Check service: immediately check the termination and note the service date.
- Write an objection: prepare a written objection with date, signature and relevant evidence.
- Collect evidence: document defects and payments with photos, messages and receipts.
- Inform the court: notify the competent local court about your objection and submit documents.
- Get legal advice: consult legal aid, advice centers, or counsel if the case proceeds.
Key Takeaways
- Tenants have rights and can request eviction protection.
- Deadlines and documentation are decisive for success.
- Use official forms and collect evidence systematically.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Federal Ministry of Justice and Consumer Protection (BMJ)
