Tenants: Misuse and Eviction in Germany

As a tenant in Germany, an eviction for misuse of the property can be especially stressful, particularly for families. This guide explains clearly what the law says: what statements landlords must make, which deadlines apply, what evidence helps and how to respond in writing. I describe key sections of tenancy law, practical forms and the responsible courts so you can meet deadlines and protect your home. I also explain how to distinguish legally between immediate and ordinary termination, what role the local court (Amtsgericht) plays and when professional advice is necessary.

When is misuse relevant for eviction?

Misuse means the rented apartment is permanently used differently than agreed in the lease or commonly expected, e.g. as commercial storage space or continuous holiday rentals. An eviction is only effective if the landlord sets out concrete facts that make continuation of the tenancy unreasonable. Relevant provisions are in the BGB, especially regarding duties and termination grounds in §§ 535–580a.^[1]

How does the landlord justify an eviction?

The landlord must deliver the termination in writing with a concrete justification and present facts. Blanket accusations are rarely sufficient; important are proofs such as listings, witness statements, photos or contracts with third parties. In particularly serious cases immediate termination may be possible; otherwise ordinary termination with statutory deadlines applies. Case law of the Federal Court of Justice (BGH) clarifies which proofs are sufficient.^[3]

What can tenants do?

If you receive a termination for misuse, first check the deadline and the content of the notice. Note the date of receipt, request a copy of the alleged evidence and document your own records. Common and sensible steps include:

• Check deadlines immediately and ensure you meet them, for example by submitting a timely statement.
• Collect evidence: photos, chat histories, payment proofs and witness contacts.
• Object in writing or demand a warning, recording dates and reasons.
• Contact tenant associations or legal advice before deadlines expire.
• If court proceedings follow: prepare files and evidence for the local court.

It is important to respect formal requirements: terminations must be written and observe BGB deadlines; procedural steps are governed by the ZPO.^[1]

Examples of forms and use

There is no uniform official form for a tenant's response; termination is a written declaration. For court procedures like the payment order or eviction suit there are standardized procedural paths and forms at the respective local court under the ZPO.^[2] Example: A landlord claims the apartment is regularly rented to tourists; as a tenant you collect listings, proof of payments and witness statements, send a written reply and contact legal advice if needed.

Frequently Asked Questions

What exactly counts as misuse?

Misuse occurs when the apartment is permanently used other than contractually agreed or commonly expected, e.g. as a long-term holiday rental or storage space.

Can the landlord evict immediately?

Only in very serious situations is immediate termination possible; otherwise ordinary termination deadlines apply and often a court eviction judgment is required.

Which evidence helps tenants most?

Photos, listings, payment records, chat or email communications and witness statements are particularly persuasive.

How-To

1. Check deadlines: record the date the termination was received and calculate response times.
2. Gather evidence such as screenshots of listings, payment records and witness names.
3. Respond in writing and request the landlord's evidence; use registered mail if necessary.
4. Contact legal services or a tenant association for assessment and next steps.
5. Prepare documents for the local court and file a defense or counterclaim if proceedings start.

Key Takeaways

• The landlord must present concrete facts and evidence for misuse.
• Deadlines are crucial: act promptly and in writing.
• Good documentation often decides the outcome of disputes.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Federal Ministry of Justice (BMJ) — bmj.de