Tenants in Germany: Fighting Conduct-Based Eviction

What is a conduct-based eviction?

A landlord may claim that your behavior makes the tenancy unreasonable and issue a conduct-based eviction. Typical examples are repeated disturbances, trespassing, arrears, or serious breaches of the lease. Not every warning automatically leads to eviction; usually a prior warning is required unless the violation is severe. The statutory bases for landlord and tenant duties are found in the BGB.^[1]

Which evidence helps?

• Photos of damage (photo) with date and time to prove condition and timing.
• Messages, emails or chat logs (evidence) between tenant and landlord or between neighbors.
• Witness statements from neighbors or residents, preferably written with contact details.
• Payment receipts and bank statements (rent, payment) to clarify alleged arrears.
• Records of repair notifications and remedies (repair) to document recurring problems.

When should you respond?

Respond promptly: for an eviction, it is important to observe deadlines, such as notice periods or the short period to file a lawsuit at the local court. Information on court procedures and deadlines is found in the Code of Civil Procedure.^[2]

Forms and official steps

There is no single "standard response" for every situation, but useful official documents and guidance can be found at courts and ministries. Important documents and applications include:

• Lawsuit form/civil complaint (forms at the competent local court) – use when you want a court to declare the eviction invalid.
• Payment order (Mahnbescheid) when dealing with outstanding claims – official forms and guidance at the justice portal.

Practical example

Example: Your landlord evicts you for alleged noise disturbances. You collect photos, chat logs with the landlord and two signed neighbor witness statements. You send a written response to the landlord within the deadline and, if necessary, prepare a lawsuit at the local court. Courts will examine the facts and evaluate the evidence.^[3]

FAQ

Can I defend myself against an immediate conduct-based eviction?

Yes, if the requirements for immediate eviction are not met, the eviction may be invalid; often an out-of-court statement or a lawsuit at the local court suffices.

Do I have to receive a warning before eviction?

In many cases, a prior warning is required, except for particularly serious misconduct.

What is the role of the local court?

The local court is the first instance for many tenancy disputes such as eviction lawsuits or declaratory actions.

How-To

1. Read the eviction immediately and check deadlines (within 2 weeks), note the date of receipt.
2. Collect evidence: photos, messages, witness statements and payment records.
3. Write a formal response to the landlord and request clarification.
4. If necessary, file a lawsuit at the competent local court or seek legal advice.

Help and Support / Resources

• BGB §§535–580a (Gesetze im Internet)
• Code of Civil Procedure (ZPO) - Overview (Gesetze im Internet)
• Federal Court of Justice (BGH) - Decisions on tenancy law

1. [1] BGB §§535–580a (Gesetze im Internet)
2. [2] Code of Civil Procedure (ZPO) - Overview (Gesetze im Internet)
3. [3] Federal Court of Justice (BGH) - Decisions on tenancy law