Tenants in Germany: Defend Eviction with Evidence
Many tenants in Germany unexpectedly face an eviction lawsuit and do not know which evidence helps. This article explains which documents, photos and witnesses are persuasive, how to meet deadlines and what role the local court plays. You will get simple steps for collecting evidence, tips on dealing with termination and rent reduction, and practical examples of how a photo log or witness statements can influence a court. The goal is to provide clear actions so you as a tenant can assert your rights, respond in time and, if necessary, consider applying for legal aid.
Why evidence matters
In an eviction lawsuit, the court counts the facts presented. Evidence such as defect documentation, payment receipts or emails shows whether a termination is justified or whether rent reduction and repair requests occurred. Documentation also helps to prove deadlines and support objections against the landlord.[1]
Which evidence you should collect
- Photos and videos of defects, with date and a short note.
- Correspondence: emails, SMS, repair orders and termination letters.
- Payment receipts: transfers, rent payment receipts and deposit evidence.
- Witness statements: short written statements from neighbors or tradespeople.
Deadlines and the correct procedure
Respond immediately to a service: many deadlines begin when the lawsuit documents are received. If you want to file a response or submit evidence, observe the dates specified in the lawsuit and the procedure under the Code of Civil Procedure (ZPO).[2]
Forms and official applications (brief overview)
Important official forms for tenants:
- Application for legal aid (Prozesskostenhilfe, PKH): used by those who cannot afford a lawyer or court costs; example: submit the application if the lawsuit would cause existential costs.
- Payment order (Mahnbescheid): official form to claim outstanding payments formally; example: landlord demands back rent, you contest and prepare counter-evidence.
You can find the exact forms and guidance on the official justice and ministry websites.
How to prepare for an oral hearing
Sort documents chronologically, mark the most important pages and prepare a short list of main points (e.g., duration and severity of defects, reported issues, deadlines). Bring photos, witnesses and copies of all payment records. Courts at the local level are factual and concise; practice a clear statement of your position.
FAQ
- Which deadlines apply after service of an eviction lawsuit?
- The deadlines are specified in the lawsuit documents; generally you must file a defense or motions and present evidence within the stated timeframes.
- Can I use rent reduction as a defense?
- Yes, if the apartment has defects that significantly limit use; document defects, report them in writing and keep evidence for the amount of reduction.
- What is legal aid (PKH) and how do I apply?
- Legal aid helps with attorney and court costs if you cannot afford them; file the application at the competent court and include proof of income.
How-To
- Collect all relevant evidence and arrange it chronologically.
- Create a short overview with date, place and brief description of each evidence item.
- Document repair requests and landlord responses, ideally in writing.
- Gather written witness statements from neighbors or tradespeople.
- Submit the evidence to the court in time or present it at the hearing.
- Check financial aids like legal aid and submit the application if necessary.
Key Takeaways
- Early and structured documentation protects your tenant rights.
- Forms like legal aid (PKH) can reduce financial barriers in court.
- Witnesses and photos strengthen your case before the local court.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH) – Decisions
