Tenants: Fight Eviction for Non-Payment in Germany

What to do if you receive an eviction notice for non-payment?

Many seniors in Germany worry about receiving an eviction due to unpaid rent. This page clearly explains tenants' rights, applicable financial deadlines and how to respond formally if the landlord terminates the tenancy. You will learn which documents are important, when payment protection or deferral is possible and which courts or authorities you can contact. We also describe official forms, practical wording examples for legal submissions and steps to prevent an eviction. The goal is that you as a tenant or relative are well prepared, meet deadlines and improve your chances in court.

First steps immediately after receiving the eviction

Act quickly without panicking. Check the notice formally (date, signature, reason) and collect documents on payments. Record all conversations with the landlord in writing.

• Check the outstanding amount (rent) and the period for which the arrears are claimed.
• Observe deadlines: respond within the stated deadlines or make a timely payment.
• Gather all payment receipts, bank statements and letters from the landlord as evidence.
• Contact advisory services or the competent local court office for procedural guidance.

Important legal basics

The relevant rules on landlord termination are in the German Civil Code (BGB), especially on duties and termination protection.^[1] Court procedures are governed by the Civil Procedure Code (ZPO).^[2] Tenancy disputes are usually heard by the local court (Amtsgericht); higher appeals go to the regional courts and the Federal Court of Justice.^[3][4]

Forms tenants should know

Key forms and applications can help preserve deadlines or apply for support:

• Application for legal aid (Prozesskostenhilfe, PKH) – used if you cannot afford court costs; example: a senior applies for PKH at the local court to formally respond to an eviction claim. See official information at the justice portal.
• Template document: response to an eviction claim (legal submission) – use to explain why payments were not made or have been paid; examples and guidance are available from the Federal Ministry of Justice.

Documents to have ready

• Tenancy agreement, handover records and utility bills.
• Bank receipts, account statements and payment receipts for the disputed months.
• Correspondence or emails with the landlord about payment arrangements.

If an eviction lawsuit is filed

If the landlord files suit, you will receive service from the court. You must respond in due time in writing or via a lawyer. During the proceedings, settlements, deferrals or installment payments can be negotiated. Pay attention to dates, obtain representation or advice and bring all evidence.

FAQ

Can I as a senior object to an eviction for non-payment?

Yes. You can object to the eviction and set out your reasons (e.g. accounting error, agreed deferral) in writing; also seek legal advice.

Which deadlines do I need to observe?

Respond immediately to court service or landlord reminders; deadlines for objection or response are often short and can be decisive.

Where do I file for legal aid?

Legal aid is applied for at the competent local court; the forms and guidance are available on the justice pages.

How-To

1. Note the service date: read the notice and record the date received.
2. Collect evidence: gather payment receipts and make a brief payment summary.
3. Apply for legal aid if needed and file a written response at the local court.
4. Seek advice: contact the local court or an official advisory service for personal guidance.

Help and Support / Resources

• BGB in the official online edition — Gesetze im Internet
• Federal Court of Justice (BGH) — official site
• Justice portal — court forms and guidance

1. [1] BGB §§535–580a — Gesetze im Internet
2. [2] ZPO — Civil Procedure Code — Gesetze im Internet
3. [3] Information on Local Courts — Justice Portal
4. [4] Federal Court of Justice — official site