{"id":13350,"date":"2026-04-06T11:43:45","date_gmt":"2026-04-06T11:43:45","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=13350"},"modified":"2026-04-06T11:43:45","modified_gmt":"2026-04-06T11:43:45","slug":"raeumungsklage-vermeiden-oder-verzoegern","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/avoid-or-delay-action-for-eviction\/","title":{"rendered":"Avoiding or delaying an eviction lawsuit \u2013 these options tenants have"},"content":{"rendered":"

A letter from the local court, a statement of claim in your letterbox - suddenly you are faced with the question of whether you will lose your home. The Court representation in landlord\/tenant disputes<\/a> is one of the most drastic measures in German tenancy law. But it is not an automatic mechanism that inevitably ends in eviction.<\/span><\/p>\n

German tenancy law grants tenants significant rights of protection at several points in the proceedings. Which ones specifically depend on which phase you are currently in: Have you received a notice of termination that you consider invalid? Is there already an eviction lawsuit? Or is a forced eviction looming after a lost legal battle?<\/span><\/p>\n

This article explains your options \u2013 from out-of-court defence to enforcement protection after a judgment. It does not replace legal advice. Every eviction case has specific features that arise from the concrete circumstances. What this article can do: give you a clear overview so that you can ask the right questions in an already stressful situation and quickly take the right steps.<\/span><\/p>\n

If you have already received an eviction notice, deadlines are running.<\/b> Call us on 0221 - 80187670 or write to info@mth-partner.de. We will examine your situation and discuss with you what defence options are available in your specific case.<\/span><\/p>\n

<\/span>Check the cancellation - because this is where many eviction suits fail<\/b><\/span><\/h2>\n

Before you deal with the eviction action itself, it is worth taking a closer look at the notice of termination that preceded it. This is because the action is only justified if the notice of termination was effective. In practice, a surprising number of landlords fail at precisely this point.<\/span><\/p>\n

The law distinguishes between two types of termination, each of which has its own requirements:<\/span><\/p>\n

<\/span>Ordinary cancellation (\u00a7 573 BGB)<\/b><\/span><\/h3>\n

The landlord must have a legitimate interest in terminating the tenancy. The law lists three standard examples: a not insignificant breach of contractual obligations by the tenant, the landlord's own requirements for himself or close family members, or the so-called Realisation cancellation<\/a>, where the continuation of the tenancy prevents the landlord from realising an appropriate economic benefit. Without such a reason, the ordinary cancellation<\/a> ineffective - regardless of whether all deadlines have been met.<\/span><\/p>\n

In addition, the ordinary notice of termination must be in writing, state the specific reason for termination and comply with the statutory notice periods. Depending on the duration of the tenancy, these are three months (up to five years), six months (five to eight years) or nine months (over eight years). Vague wording in the letter of cancellation - for example in the Cancellation for personal use<\/a> - can bring down the entire cancellation.<\/span><\/p>\n

<\/span>Extraordinary termination without notice (\u00a7 543 BGB)<\/b><\/span><\/h3>\n

In this case, there must be a serious reason that makes it unreasonable for the landlord to continue the tenancy until the end of the regular notice period. The most common case: The tenant is in arrears with at least two months' rent (Section 543 (2) sentence 1 no. 3 BGB). However, endangering the rented property, repeatedly disturbing the peace of the house or unauthorised transfer to third parties can also justify a right of termination without notice.<\/span><\/p>\n

For most reasons - apart from qualified default of payment - the landlord must first warn the tenant before he can terminate without notice. If the Warning letter<\/a>, the termination is invalid.<\/span><\/p>\n

<\/span>Formal errors that cause eviction actions to fail<\/b><\/span><\/h3>\n

The following overview shows typical errors that regularly lead to the dismissal of eviction proceedings in practice:<\/span><\/p>\n