In Germany, residential property is particularly protected under tenancy law as set out in the German Civil Code (BGB). Therefore, it is not easy for landlords to terminate a lease and subsequently evict a tenant through an eviction lawsuit. Special reasons must be present to justify the termination of a lease. Being a landlord is not always easy, and there may be cases where tenants fail to pay rent for months. In such instances, the landlord often issues a termination without notice to prevent further losses, which is legally permissible in these cases. But what happens if the tenant ignores the termination and simply refuses to vacate the property? In such situations, the landlord must file an eviction lawsuit as quickly as possible. But what exactly is an eviction lawsuit, and how does it proceed? What requirements must be met, and how can tenants defend themselves against an eviction lawsuit? Are there any special considerations when filing an eviction lawsuit in Cologne, or do uniform regulations apply nationwide?
What Is the Standard Procedure for an Eviction Lawsuit?
Termination of the Lease Agreement by Regular or Immediate Termination
First, the lease must be effectively terminated through either a regular or immediate termination. A landlord has a legitimate interest in ending the lease, for example, if the tenant fails to pay rent or causes constant disturbances on the property. Other reasons could include the landlord’s personal need for the property, significant financial risks, or plans for major renovations. If the tenant does not vacate the property within the set deadlines or explicitly states their refusal to move out, the landlord must file an eviction lawsuit. It is important for the landlord not to attempt to forcibly evict the tenant themselves, as this constitutes illegal self-help under civil law and may result in criminal charges for trespassing or coercion.
Local and Subject-Matter Jurisdiction
The only legally permissible way to resolve such a situation is by filing an eviction lawsuit. In residential tenancy law, the lawsuit is generally filed at the local district court (Amtsgericht) where the rental property is located. In Cologne, this would be the District Court of Cologne. This is independent of the dispute’s monetary value. In the case of a commercial tenancy dispute, the applicable court depends on the amount in dispute, determining whether the district or regional court has jurisdiction. By filing an eviction lawsuit, the landlord seeks to obtain an enforceable eviction order, which then allows them to appoint a bailiff to carry out the eviction.
However, to reach this stage, landlords must follow the correct procedure for filing an eviction lawsuit, which is largely the same each time.
Summary of the Eviction Lawsuit Process:
Landlord terminates the lease and sets a deadline for the tenant to vacate the property.
Tenant refuses to vacate or clearly states they will not move out before the eviction deadline.
The landlord files an eviction lawsuit with the local and subject-matter competent district court (e.g., District Court of Cologne).
The landlord pays the advance court fees.
After the tenant receives the lawsuit, they are given the opportunity to respond in writing and present any defenses. If the tenant fails to respond, the landlord has a good chance of quickly obtaining an eviction order.
A court hearing is held. If no settlement is reached, the court sets a date for the verdict.
At the verdict hearing, the court delivers its decision (or schedules a further hearing for evidence).
If the tenant still does not vacate, the landlord can hire a bailiff (e.g., through the bailiff distribution center of the District Court of Cologne) to enforce the eviction order.
If the tenant continues to refuse to leave voluntarily, forced eviction will occur, and the tenant’s belongings will be stored.
It should be noted that this overview of the process can vary significantly depending on the facts and legal circumstances. If you are uncertain about how to proceed with a termination, it is advisable to hire a lawyer, as tenant protections in Germany are very strong. For example, filing an eviction lawsuit too early can have serious consequences for the landlord, such as being responsible for all legal costs. When a landlord can file an eviction lawsuit depends on the grounds for termination and the tenant’s behavior after receiving the notice of termination.
Content of the Complaint
In all cases, the eviction lawsuit should contain the following points:
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- The names of both the plaintiff (landlord) and the defendant (tenant)
- A proper eviction request
- The reason for the eviction lawsuit, such as several months of unpaid rent
- Possibly the tenant’s objection to the prior termination
- Possibly the landlord’s statement on why they are filing the eviction lawsuit despite the tenant’s objection
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To initiate the eviction lawsuit, the landlord must pay an advance on court costs, which are based on the value of the dispute. In most cases, this amounts to several hundred euros. The landlord may also claim compensation for use according to § 546a of the BGB, which can be demanded from the time the termination deadline expires. According to a ruling by the Federal Court of Justice (BGH), the landlord can demand market rent instead of the previous rent as compensation (Az.: VIII ZR 17/16), though this can have advantages and disadvantages.
Duration
This is often a key concern for landlords since lost rent should be recovered as quickly as possible. However, there is no clear answer to this question, as the duration of an eviction lawsuit depends on the specific circumstances. First, the court must make a decision on the case. Normally, the tenant is granted a deadline to vacate the property voluntarily. If the tenants are sick, elderly, or at risk of suicide, they can apply for eviction protection, which can significantly extend the process. Realistically, landlords should expect the eviction lawsuit to take between four to eight months on average. There are exceptions where the process can take up to two years. The time frame largely depends on the court, the deadlines it sets, and how complex the evidence evaluation is.
Expected Costs of an Eviction Lawsuit
The costs of an eviction lawsuit are generally determined by the dispute’s monetary value, which is based on the monthly rent multiplied by 12 months. This figure is used to calculate the court costs and legal fees. The higher the rent, the higher the associated fees. Additionally, there are costs for the forced eviction carried out by the bailiff.
EXAMPLE 1Example 1: Rent of 500 EUR per month (dispute value: 6,000 EUR)
| Court advance fee: 546.00 EUR | 546,00 EUR |
| Attorney’s fees: 1,184.05 EUR | 1,184.05 EUR |
| Total cost of eviction lawsuit, including VAT: 1,730.05 EUR | EUR 1,730.05 |
These are the initial costs for the landlord. However, it is important to note that costs can vary significantly if, for example, expert reports are required or witnesses need to be questioned, or if a settlement is reached. The good news is that landlords can fully reclaim the costs from the tenant if they win the eviction lawsuit.
There is also the option of applying for legal aid under § 114 et seq. of the Code of Civil Procedure (ZPO), though this depends on the landlord’s financial situation and the prospects of success of the lawsuit.
How Can Tenants Defend Themselves Against an Eviction Lawsuit?
Statement of Defense and Reply to the Lawsuit
If you, as a tenant, receive an eviction lawsuit, this does not automatically mean you must leave the property immediately or that a bailiff will appear at your door the next day. You must declare your intention to defend yourself to the court within 14 days, either in person or in writing. You then have another 14 days to submit a detailed defense. When drafting the defense, it is advisable to provide as much evidence as possible. Adhering to these deadlines is essential. Missing a deadline could result in a default judgment. Therefore, it is crucial to take all deadlines seriously.
Repayment of Rent Arrears During the Grace Period
If rent arrears are the reason for the termination and eviction lawsuit, paying off the outstanding amounts can prevent the lawsuit from proceeding. Tenants usually have up to two months within a two-year period to repay the arrears. If you are unable to pay the arrears yourself, you may be able to negotiate a payment plan with your landlord or seek assistance from the government. In some cases, the Jobcenter can step in to prevent homelessness.
Application for an Eviction Deadline or Settlement
If you have strong grounds, you can negotiate before the court. If the ruling is not in your favor, you may be able to delay the eviction by filing an appeal or at least postpone the forced eviction. However, it is important to note that in most cases, a first-instance eviction ruling is provisionally enforceable. Therefore, filing an appeal does not delay the eviction process, and security may have to be posted. Another option is to apply for an extension of the eviction deadline. In certain cases, an application for protection from enforcement can also be filed under § 765a ZPO.
Conclusion: Conclusion Overall, tenants are not without hope when facing an eviction lawsuit, and success may be possible depending on the case. However, it is advisable to consult a lawyer to assess your chances. Keep in mind that legal disputes often come with significant costs, and tenants must carefully weigh whether pursuing legal action is in their best interest.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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Lawyers in Cologne provide advice and representation in tenancy law.