Tenants in Germany: Defend Against Rent-Arrears Eviction

As a tenant in Germany, an eviction for rent arrears can appear suddenly and cause fear of being forced to vacate. This text clearly explains your rights, which evidence (rent payments, receipts, correspondence, photos) matters and how to meet deadlines to contest an eviction. I describe practical steps: collect documentation, submit formal objections in writing, negotiate alternative solutions with the landlord in case of payment problems, and when to involve the local court. I list official forms, deadlines and courts as contacts so you can prepare documents in a targeted way.

What to do if you receive an eviction for rent arrears

First check whether it is an extraordinary (immediate) or ordinary termination and which payment periods are affected. Immediately gather all payment receipts and written communications. If payments were partially made, bank statements and receipts show the payment history.

• Collect rent payments and bank statements.
• Prepare receipts, transfer slips and SEPA direct debit records.
• Document correspondence with the landlord (emails, letters, reminders).
• Photos or documents proving handover or the condition of the apartment.
• Witness statements from roommates or neighbors if relevant.

Forms, deadlines and practical examples

There is no single nationwide template that covers every situation; however, a written objection to the landlord or a lawsuit at the local court is often sufficient. Examples of relevant submissions are: a written statement of paid amounts, an application for deferral or installment agreement, and the complaint to contest an eviction. Legal bases for termination are found in the BGB and procedural rules in the ZPO^[1][2].

Practical example: You have proof of payment for two of the three months in dispute. Submit these with a short statement to the landlord and request withdrawal of the termination or an amicable solution. If no agreement is reached, prepare a reply to an eviction lawsuit and submit your evidence to the court.

If it goes to court

Tenancy disputes are usually heard at the local court; on appeal the regional court may follow and the Federal Court of Justice shapes case law^[3]. Prepare a clear chronology of payments and attach evidence in the correct order.

Important: Deadlines

• Observe the deadline for filing a response to a complaint.
• Respond to payment requests quickly within short deadlines.

Common mistakes to avoid

• Waiting until eviction dates are already set.
• Incomplete documentation without bank statements or receipts.

FAQ

Which pieces of evidence are most important?

Primarily bank statements, transfer slips, receipts and written correspondence with the landlord are decisive.

Can the local court order immediate eviction?

The local court can order eviction; usually a formal judgment or settlement follows and there are deadlines and possibilities to object.

Are there official forms for a reply?

You can often find concrete templates at the competent local court or on official justice websites; use these as guidance.

How-To

1. Gather all evidence and create a chronological overview.
2. Draft a written reply to the landlord or court and attach evidence.
3. Contact the local court for procedural guidance and deadlines.
4. File the reply with the court in disputes and prepare for an oral hearing.

Key Takeaways

• Collect evidence immediately and completely.
• Strictly observe legal and court deadlines.
• Contact the local court or legal counsel early.

Help and Support

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Zivilprozessordnung (ZPO) - Gesetze im Internet
• Bundesgerichtshof (BGH) - Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions