Tenants: Prevent Eviction After Rent Increase Germany

Many tenants in Germany face pressure after a rent increase and fear a possible eviction. This guide explains in plain language what rights tenants have, which deadlines apply and how to respond formally to prevent an eviction. You will learn which steps are important when objecting to the increase, how to collect evidence and which official bodies and courts are responsible for disputes. Practical sample forms, notes on rent reduction and tips for communicating with the landlord help you take action immediately. The aim is to give you, as a tenant, clarity and to present available legal options in Germany in an understandable way. If needed, we also show which forms of the Federal Ministry of Justice or local court templates should be used.

Rights and Deadlines for Tenants

Under German law, §§ 535–580a BGB regulate landlord and tenant obligations; important deadlines and grounds for termination can be found here.^[1] As a tenant, you should first check deadlines and decide whether filing an objection to the rent increase makes sense.

• Check deadlines: Verify deadlines, e.g. objection and termination deadlines.
• Submit objection in writing: Send a written objection to the rent increase and document delivery.
• Gather evidence: Collect lease, billing statements, photos of defects and witness statements.
• Seek advice: Contact an official tenant advisory service or legal office for an initial assessment.

What to Do If You Receive a Termination

If you receive a termination from the landlord, check the form and reasons immediately. Ordinary terminations due to a rent increase are only possible in certain cases; often formal errors or missing social considerations matter. If necessary, use a template for a response letter or a counterstatement, for example the sample forms of the Federal Ministry of Justice.^[2]

• Examine the termination: Have the termination reasons reviewed and note deadlines for objection or eviction.
• Written response: Respond in writing and with proof why the termination is ineffective.
• Court proceedings: Eviction cases are generally handled by the local court (Amtsgericht).
• Check legal protection: See whether legal expenses insurance or advisory services cover costs.

Evidence and Communication

Documentation is often decisive: Keep copies of contracts, payment records and photos of defects. Keep a short log of all conversations with the landlord and send important declarations by registered mail or with delivery confirmation.

• Organize documents: Create a chronological file with all relevant evidence.
• Use templates: Use official forms or templates for objections and response letters.^[2]
• Communication: Stay factual and record all agreements in writing.

Courts and Complaints

For disputes over termination or rent increases, the local courts (Amtsgerichte) are usually responsible in the first instance; the Federal Court of Justice decides on fundamental legal questions in appeals.^[3] Inform yourself about the deadlines in the Code of Civil Procedure (ZPO) and prepare your documents for possible action or defense.

FAQ

Can the landlord immediately evict because of a rent increase?

No. A rent increase alone is not automatically a ground for eviction; terminations must be legally justified and properly served.

Which deadlines must I observe?

Check objection and eviction deadlines immediately; failure to respond can result in loss of rights.

Where do I file a lawsuit?

Rental disputes are generally filed at the local court (Amtsgericht); appeals go to the regional court and possibly the Federal Court of Justice.

How-To

1. Check deadlines: Record all relevant deadlines immediately after receiving a letter.
2. Draft an objection: Write a short objection with reasons and send it with proof of delivery.
3. Collect evidence: Assemble all documents in a file and make copies for the court.
4. Get advice: Contact an official advisory service or a tenant law attorney.
5. Legal action: If necessary, file a claim at the local court within the deadline.

Help and Support / Resources

• BGB statutory text – gesetze-im-internet.de
• Local court information – justiz.de
• Sample forms and guidance – Federal Ministry of Justice (BMJV)

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Sample forms – Bundesministerium der Justiz und für Verbraucherschutz (BMJV)
3. [3] Federal Court of Justice – bundesgerichtshof.de