Eviction lawsuit in Cologne — Fully revised article

Home " Civil law " Eviction lawsuit in Cologne — Fully revised article

Last updated March 22, 2026

Last updated: March 2026

The tenant has not paid rent for months. Or they ignore the notice to quit and simply don't move out. For landlords, this is often where a process begins that demands patience, money, and legal precision: an eviction lawsuit.

This article explains how an eviction lawsuit works – from notice to initiating proceedings at the Cologne Local Court, through to forced eviction. It is aimed at landlords who want to know what to expect, and tenants who have received an eviction notice and need to know their options.

Note: This post is for general guidance only and does not replace individual legal advice. Tenancy law cases always depend on the specifics. Have your specific situation assessed by a solicitor before taking action.

A landlord's notice to quit, also known as a repossession order in the UK, is a legal document that a landlord gives to a tenant to inform them that they must leave the property by a certain date.

An eviction lawsuit is the legal procedure by which a landlord forces the return of a rented flat or commercial space. That sounds drastic – and it is. It is the last resort when all other means have failed.

The core issue: Housing is particularly protected in Germany by the tenancy law of the German Civil Code (BGB, §§ 535 ff.). A landlord cannot simply kick a tenant out, even if the termination notice has been in the letterbox for some time. Anyone who does so anyway commits unlawful self-help (§ 858 BGB) – and may potentially be liable for trespassing or coercion. The only permissible route is through the courts.

Das Ziel der Räumungsklage ist ein sogenanntes Eviction ordera court order empowering the landlord to instruct bailiffs to carry out possession proceedings.

Prerequisites: When is an eviction lawsuit permissible?

The most important prerequisite is a effective termination of the tenancy. Without termination, there is no claim for eviction – and without a claim for eviction, no justified lawsuit. Sounds simple? In practice, surprisingly many eviction lawsuits fail precisely at this point. This applies to indefinite rental agreements. For fixed-term rental agreements (Zeitmietvertrag, or fixed-term tenancy agreement), the expiry of the agreed rental period is sufficient.

The termination must be formally correct: in writing, with a reason (for ordinary termination), and delivered to all tenants named in the rental agreement. Defects in form can render the entire termination ineffective – and thus also any subsequent eviction proceedings.

Typical reasons for termination

The law distinguishes two paths:

Extraordinary termination without notice (§ 543 BGB) — if there is an important reason that makes continuing the tenancy unreasonable. The most common cases (more on this in our 72-hour emergency plan for termination):

The tenant is in arrears with at least two months' rent (§ 543 Paragraph 2 No. 3 BGB)
The tenant is persistently disturbing the peace of the building (§ 569 (2) of the German Civil Code)
The tenant significantly damages the rental property or uses it in violation of the contract.

Ordinary cancellation (§ 573 BGB) — with statutory notice and for a legitimate interest, for example:

Landlord's own use (§ 573 (2) No. 2 BGB)
Significant breach of duty by the tenant (§ 573 para. 2 no. 1 BGB)
Realisation cancellation due to economic disadvantages (§ 573 Para. 2 No. 3 BGB)

Practice note: In practice, landlords almost always explain in cases of payment default both Terminations simultaneously – with immediate effect and alternatively with due notice. We explain why in the section on grace period payments.

Eviction lawsuit process — step by step

An eviction lawsuit follows a clearly regulated procedure. The individual steps at a glance:

1. Termination and notice periods

Everything begins with effective termination. The landlord sets the tenant a deadline for moving out and handing over the flat. In the case of termination without notice, this deadline can be very short – a few weeks. In the case of ordinary termination, the statutory notice periods apply: at least three months, or up to nine months for longer rental periods (§ 573c BGB).

2. Tenant does not move out

If the deadline expires and the tenant remains, the way is clear for legal action. If the tenant announces beforehand that they will not move out, the lawsuit can be filed even earlier – however, the timing is tactically important. A lawsuit filed too early can lead to the landlord having to bear all the costs.

3. Filing the eviction lawsuit with the Cologne District Court

In residential tenancy law, the local court at the location of the property is always responsible - regardless of the amount in dispute. For rented flats within the city of Cologne, this is the Cologne Local Court (Luxemburger Straße 101, 50939 Cologne) the right contact person.

The statement of claim must include:

Full name of claimant (landlord) and defendant (tenant) – all the adult persons named in the rental agreement
The eviction application
The grounds for dismissal and the statement of facts
Proof of termination and its delivery
The assertion of a claim for compensation for use pursuant to Section 546a of the German Civil Code (BGB), where applicable.

An often overlooked point: the eviction order must explicitly name all individuals residing in the property who have an independent right of possession – this includes the tenant's spouse or registered partner, as well as any subtenants. Children are considered dependants and do not need to be listed separately.

4. Advance court costs

Before the court can take action, the landlord must pay the court costs deposit. Without payment, the claim will not be served. The amount depends on the value of the dispute (more on this below).

5. Delivery and written procedure

The court serves the tenant with the writ of summons. In the written procedure, the tenant has the opportunity to defend themselves – usually by first declaring their intention to defend within two weeks, followed by a further two weeks for the statement of defence.

If the tenant doesn't react at all, the landlord can Default judgment apply. This significantly speeds up the process – often by several months.

6. Oral hearing and judgment

If the tenant defends themselves, the court will set a hearing date. After the hearing, a judgment will be issued – or the parties will reach a settlement, which is a common occurrence in practice. A Eviction settlement can save both sides time and money: the tenant receives a reasonable eviction period, the landlord obtains an enforceable title without a lengthy judgment.

Eviction cases must be handled with legal priority and expedited. Landlords can refer to this principle of acceleration if the court is taking too long.

7. Eviction by the bailiff

If a legally binding or provisionally enforceable eviction order exists and the tenant still does not move out, the landlord instructs a bailiff – in Cologne, this is done via the bailiff distribution office of the Cologne District Court. The bailiff must announce the eviction at least three weeks in advance.

Costs of eviction proceedings (as of: after KostBRÄG 2025)

For many landlords, cost is the decisive factor. Since 1 June 2025, higher fees have applied due to the Cost and Remuneration Amendment Act (KostBRÄG 2025): lawyer's fees have risen by 6 percent, as have court costs.

How is the value of the dispute calculated?

The amount in dispute in an eviction action is determined by Section 41(2) of the GKG: the decisive factor is the annual rent – that is to say the Monthly net rent × 12. Additional costs are generally excluded unless they are agreed as a lump sum (not as an advance payment) (§ 41 para. 1 sentence 2 GKG).

Cost examples

Cost type	£500 PCM (Amount in dispute: €6,000)	800 € net rent (Amount in dispute: €9,600)
Court fee advance (3 times the fee)	Approx. 579 €	Approx. 723 €
Legal fees for own lawyer (1.3 procedural fee + 1.2 hearing fee + lump sum for expenses + VAT)	approx. €1,255	approx. €1,663
Total costs of eviction proceedings (without forced eviction)	Approx. £1,834	approx. £2,386
In addition, in the case of compulsory eviction: bailiff + removal + storage	approx. €2,000–5,000	approx. €2,000–5,000

Figures rounded, status after KostBRÄG 2025 (in force since 1 June 2025). Actual costs may differ due to taking of evidence, expert opinions or settlements. For questions regarding rent reduction due to defects, our Rent reduction calculator available.

If the landlord wins the case, the tenant must reimburse the landlord for court costs and legal fees. However, in practice, tenants who have not paid rent for months can be expected to experience payment difficulties.

Compensation for use under § 546a of the German Civil Code (BGB)

From the point at which the tenancy ends, the tenant owes compensation for use – at least in the amount of the previous rent. The Federal Court of Justice has ruled that the landlord can also claim the locally customary market rent as an alternative (BGH, judgment of 18.01.2017, VIII ZR 17/16). In a tight housing market like Cologne, the market rent can be significantly higher than the previous contractual rent.

Berlin Eviction — Save costs on compulsory eviction

The costs of a repossession can be considerable if a removal company has to transport and store all the household effects. A more cost-effective alternative is the so-called Berlin EvictionThe bailiff's role is limited to returning possession of the flat to the landlord. The household goods remain in the flat, and the landlord is responsible for their storage – within a timeframe during which the tenant can collect their belongings. This can quickly save several thousand euros.

Duration of an eviction lawsuit in Cologne

The honest answer: it takes time. Anyone expecting a quick process of a few weeks will be disappointed. How long exactly? That depends on whether the tenant defends themselves – and how.

From experience, the following timeframe is realistic at the Cologne District Court:

4–6 months in a straightforward case — termination due to payment arrears, tenant does not respond, default judgment
6–10 months in contentious proceedings with tenant defence
Over 12 months in cases of hardship applications, appeal or enforcement protection

In addition, after the judgment, there are several weeks for the commissioning of the bailiff and the eviction notice.

In particularly urgent cases – for example, in the event of unauthorised subletting or if the flat has been occupied after a burglary – there is Interim injunction for eviction under Section 940a of the German Code of Civil Procedure (ZPO) We are considering it. However, the requirements for this are high and the success rate is low.

Defending Against Eviction – Options for Tenants

Anyone who receives an eviction notice through their letterbox as a tenant should be aware: this doesn't mean the bailiff will be on your doorstep tomorrow. What can you do? There are defence options — but the deadlines are tight, and every missed deadline worsens your situation.

Statement of Defense and Reply to the Lawsuit

Following service of the writ, the tenant usually has two weeks, to indicate to the court their readiness to defend themselves. Subsequently, a further two weeks for the statement of defence. Anyone who misses these deadlines risks a default judgment – that is, a conviction without a hearing.

Grace period payment in case of default (§ 569 para. 3 no. 2 BGB)

In the case of an extraordinary termination due to rent arrears, the tenant has one last chance: if they pay all outstanding rent in full within two months after the eviction proceedings were served, then the immediate termination becomes retroactively invalid. This regulation is called a grace period payment.

Three points that are often overlooked in this regard:

Only the extraordinary termination is cured. If the landlord simultaneously issues a subsidiary ordinary notice of termination – which is standard – this remains effective. The Federal Court of Justice reconfirmed this in October 2024 (rulings of 23.10.2024, file numbers VIII ZR 106/23 and VIII ZR 177/23). Although the 2025 coalition agreement plans a reform that provides for a one-time extension to ordinary termination, it has not yet come into force.
Part payments are not sufficient. The entire outstanding amount must be settled in full – including any mesne profits that have accrued in the interim.
The grace period may only be used once within two years. Those who have already used it cannot refer to it again next time.

Alternatively, a public body – usually the Jobcentre – can commit to taking over the arrears (a so-called assumption of responsibility). This prevents imminent homelessness.

Hardship and objection under Section 574 of the German Civil Code (BGB)

In the case of ordinary termination, the tenant can object to the termination if the termination of the tenancy results in a Unreasonable hardship would be the case for:

Serious illness or need for care
Advanced age in connection with a lack of replacement housing
School-aged children for whom a move would be unreasonable
Demonstrably unsuccessful intensive flat search on the Cologne housing market

The court then weighs the interests of both parties. In Cologne, with its tight rental market, the shortage of housing is becoming increasingly important as a hardship factor.

Enforcement protection under Section 765a of the German Code of Civil Procedure (ZPO)

Even after an eviction order, the tenant can apply for a stay of execution under strict conditions if the forced eviction would constitute an immoral hardship – for example, in cases of acute suicidal intent or imminent childbirth. The application must be submitted to the enforcement court.

Request for extension of the eviction period pursuant to Section 721 of the German Code of Civil Procedure (ZPO)

The court can grant the tenant a period to vacate in its judgment. If this is not sufficient, the tenant can apply to the appellate court for an extension (§ 721(3) of the German Code of Civil Procedure). The prerequisite is that the tenant proves that, despite intensive efforts, they have not found alternative accommodation.

Specifics regarding the Cologne District Court

The eviction proceedings are governed by nationally uniform law – the requirements and procedure are the same in Munich as in Cologne. Nevertheless, in practice, there are regional differences that are relevant for landlords and tenants in Cologne:

The Cologne Local Court It is one of the largest district courts in Germany. Tenancy law cases are generally handled by specialised departments. When scheduling hearings, you should expect waiting times of several months in Cologne, as the court is heavily overburdened.

The Cologne housing market plays a role in hardship applications. The tight market situation objectively makes it harder for tenants to find replacement accommodation. Courts consider this when weighing up the situation according to Section 574 of the German Civil Code (BGB). Conversely, especially in cases of payment arrears, the financial damage to the landlord can quickly become four figures per month in Cologne for a standard flat.

In commercial tenancy law, different rules on jurisdiction apply: If the amount in dispute exceeds €5,000 – which is almost always the case with commercial rents – then the Cologne Regional Court responsible. Legal representation is mandatory in both cases. In both cases, our Landlord and tenant law advice in Cologne.

Frequently asked questions about eviction proceedings

How long does an eviction lawsuit take in Cologne?

Between four and ten months — from filing the lawsuit to the actual eviction. In the case of a default judgment, it can be quicker, and with an appeal or enforcement protection, it can take considerably longer.

How much does an eviction lawsuit cost?

The costs are based on the disputed value (annual net cold rent, § 41 para. 2 German Court Costs Act - GKG). For a cold rent of 500 euros, court and legal fees together amount to around 1,850 euros, and for a cold rent of 800 euros, they are approximately 2,400 euros (as of: after KostBRÄG 2025). The costs of a forced eviction may be added.

Can the tenant still avert the eviction?

In case of default in payment: yes, by full payment of all arrears within two months of service of the claim (§ 569 para. 3 no. 2 BGB). However, this grace period payment only cures the termination for cause – not an ordinary termination declared at the same time.

Do I need a solicitor for an eviction process?

There is no mandatory legal representation before the district court. Given the legal complexity – validity of termination, grace period calculation, enforcement issues – legal assistance is strongly recommended for both parties.

Eine Berliner Räumung ist ein Begriff, der im Deutschen verwendet wird, um eine bestimmte Art der Zwangsräumung einer Wohnung oder eines Hauses zu beschreiben, die in Berlin aussergerichtlich und mit Einschaltung einer Firma durchgeführt wird.

During a Berlin eviction, the bailiff is limited to removing the tenant from the flat. The household effects are not transported away but are stored by the landlord. This saves significant costs for removal companies and storage.

What happens if the tenant moves out during the lawsuit?

The claim for eviction is hereby withdrawn. The proceedings can be declared settled. The costs incurred up to that point will generally be imposed on the tenant if the action was well-founded at the time it was filed.

Can I, as a landlord, apply for legal aid?

Yes. Legal aid under Section 114 et seq. of the Code of Civil Procedure is also available to landlords if their financial circumstances do not allow them to conduct legal proceedings with their own means and the action has a prospect of success.

Eviction proceedings in Cologne – we offer advice

An eviction lawsuit is not a routine procedure. For landlords, it's about protecting their property and limiting financial losses. For tenants, it's about their home. Legal precision counts on both sides — from the wording of the notice to the enforcement of the judgment.

If you need to file or defend against an eviction claim: Call us Lawyer Helmer Tieben under an 0221 - 80187670 or write to info@mth-partner.de. We will review your situation and advise you on the next steps.

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