{"id":4527,"date":"2026-02-19T16:06:43","date_gmt":"2026-02-19T16:06:43","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=4527"},"modified":"2026-03-24T09:28:34","modified_gmt":"2026-03-24T09:28:34","slug":"mietrecht-erfolgreicher-raeumungsschutzantrag-gegen-zwangsraeumung-wegen-suizidgefahr-des-mieters","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/tenancy-law-successful-application-for-protection-against-eviction-due-to-the-tenants-risk-of-suicide\/","title":{"rendered":"Application for Protection from Eviction under Section 765a of the Code of Civil Procedure (ZPO): Stopping Forced Eviction in Cases of Suicide Risk, Illness, and Hardship"},"content":{"rendered":"

It's decided: the eviction is coming. A bailiff has announced the date. And the tenant faces \u2013 for health, personal or family reasons \u2013 a situation that goes beyond what a forced eviction already entails.<\/span><\/p>\n

For precisely these cases, the legislator has created a final instrument: the <\/span>Application for a stay of eviction under Section 765a of the Code of Civil Procedure<\/b>. However, this application is not a simple deferral, nor is it an objection to the eviction order. It is a safety valve \u2013 and subject to strict conditions.<\/span><\/p>\n

Note:<\/b> This post is for general guidance only and does not constitute individual legal advice. If you are facing an eviction, act immediately \u2013 time is of the essence. Seek advice from a <\/span>Solicitor for tenancy law<\/span><\/a> advise.<\/span><\/p>\n

<\/span>What is an eviction protection application?<\/b><\/span><\/h2>\n

After a <\/span>Court representation in landlord\/tenant disputes<\/span><\/a> With a legally binding eviction order, the landlord can instruct a bailiff to carry out the compulsory eviction. By this point, the tenant has usually already exhausted all regular legal remedies \u2013 objection, appeal, eviction period under Section 721 of the German Code of Civil Procedure (ZPO).<\/span><\/p>\n

application for protection against eviction pursuant to Section 765a of the German Code of Civil Procedure (ZPO) is the <\/span>final remedy<\/b>. It is not directed against the judgment itself, but against the specific enforcement measure \u2013 the impending eviction. And it only intervenes if, under the given circumstances, this eviction constitutes a <\/span>Unreasonable hardship<\/b> would represent.<\/span><\/p>\n

Contra bonos mores \u2014 that sounds dramatic. And that's precisely what it is. Section 765a of the German Code of Civil Procedure (ZPO) is an exceptional provision. Courts interpret it restrictively, and the hurdles are deliberately high. This is because, on the other side, stands the landlord's constitutionally protected right to property (Article 14(1) of the German Basic Law) and their right to effective legal protection (Article 19(4) of the German Basic Law).<\/span><\/p>\n

\"Application<\/p>\n

<\/span>Prerequisites: When is eviction protection granted?<\/b><\/span><\/h2>\n

The court considers two questions for every application for protection against eviction:<\/span><\/p>\n

    \n
  1. Would the eviction lead to a <\/span>completely unbearable outcome<\/b> for the tenant?<\/span><\/li>\n
  2. On balance, and taking into account all the circumstances, do the tenant's interests outweigh the landlord's interest in enforcing their claim for possession?<\/span><\/li>\n<\/ol>\n

    Only if both are affirmed is a temporary stay of enforcement possible.<\/span><\/p>\n

    <\/span>Recognised grounds for eviction protection<\/b><\/span><\/h3>\n

    What constitutes an immoral hardship always depends on the individual case. Over the years, however, case law has developed typical groups of cases:<\/span><\/p>\n