Eviction lawsuit

Eviction proceedings are the legal process through which a landlord can compel a tenant to vacate a residential or commercial rental property if the tenant does not leave voluntarily following a valid notice of termination. It is the last resort for enforcing the law and requires that the notice of termination be legally valid, that the eviction period has expired, and that the tenant still refuses to move out. Due to the lengthy duration of the proceedings-often six months to two years in practice-an eviction action involves significant time and expense for landlords.

Requirements and Procedure for an Eviction Action

Before an eviction action can be filed, the notice of termination must be formally and substantively valid. This means: The notice of termination must have been given in writing, must contain a sufficient reason for termination (for residential premises: personal use, a material breach of duty by the tenant, or economic unfeasibility, Sections 573 et seq. of the German Civil Code (BGB)), and must have been received by the tenant within the required time limit. If the tenant does not move out after the expiration of the notice period, the landlord may file an eviction lawsuit with the competent local court. The court serves the complaint on the tenant and sets a hearing date. If the judgment is in the landlord’s favor, the landlord receives an enforceable eviction order, which they can use to engage a bailiff. For delinquent tenants receiving social assistance or housing benefits, the Jobcenter may be involved in the proceedings upon request to prevent homelessness.

Costs and Risks for the Landlord

Court fees are based on the amount in dispute, which generally corresponds to the annual rent. For a monthly base rent of €900, the amount in dispute is €10,800; court costs, including attorney’s fees, then amount to approximately €3,000-4,000 for the first instance. If the landlord loses the case-for example, because the notice of termination was formally flawed-they bear the entire costs. Added to this are lost rent during the proceedings, which can quickly amount to several thousand euros in the case of uncooperative tenants. Landlords should therefore seek legal advice before filing a lawsuit and have the notice of termination reviewed for its legal validity.

Alternatives to an Eviction Lawsuit

Before taking legal action, an out-of-court settlement is recommended: An eviction settlement, which is recorded in court, can be combined with an enforceable eviction order (Section 794 of the German Code of Civil Procedure) and is often faster and more cost-effective than a contested proceeding. Some tenants agree to move out promptly in exchange for a severance payment (relocation assistance). In addition, in stubborn cases, there is the option of applying for a preliminary injunction for eviction, which, however, is granted only in strictly limited exceptional cases.

Eviction Action for Personal Use

A special scenario is an eviction action following a termination for personal use (Section 573(2)(2) of the German Civil Code (BGB)). The landlord must present the reasons for personal use in a concrete and comprehensible manner; general formulations are not sufficient. The tenant has the right to object to the claim of personal use if they can demonstrate special grounds of hardship (e.g., advanced age, serious illness, long-standing ties to the neighborhood). Courts scrutinize the claimed personal use critically-a feigned claim of personal use can result in substantial damages against the tenant. Owners should therefore carefully prepare a termination for personal use and only initiate it if there is a genuine intention to use the property personally and this intention is implemented in the near future.

Following a successful termination for personal use, a waiting period applies in Berlin for conversions into condominiums. In Bavaria, and thus also in Nuremberg, similar protective mechanisms exist under Art. 2 of the Bavarian Housing Act (BayWoFG) for social housing; for non-subsidized apartments, the federal protection period of three years following conversion applies pursuant to § 577a BGB.

Practical Tip for Landlords in Nuremberg and Franconia

In Nuremberg and the metropolitan region, the local courts (Nuremberg, Fürth, Erlangen, Schwabach) have jurisdiction over eviction proceedings. The duration of proceedings there typically ranges between eight and eighteen months, depending on the court’s caseload and the complexity of the case. We recommend that landlords: Carefully document breaches of duty by your tenants (late rent payments, noise disturbances, breach of contract) in writing from the very beginning. Complete documentation is crucial during the proceedings.

In many cases, an eviction lawsuit can be avoided through an early, objective discussion or mediation. In Nuremberg, the Bavarian Consumer Advice Center and local tenancy law attorneys offer mediation services that are more cost-effective for both parties than a years-long lawsuit. We recommend always seeking a discussion first-and if that fails, immediately consulting an attorney specializing in tenancy law. Upon request, we can connect you with experienced tenancy law firms in the metropolitan area that are familiar with local legal practices.

Frequently Asked Questions

How long does an eviction lawsuit typically take?

In Germany, it takes an average of nine to fifteen months from the filing of the lawsuit to a final, legally binding judgment. If the tenant files an appeal, the proceedings are extended accordingly. Added to this is the time required for enforcement by the bailiff, which can take another two to four months. Overall, landlords should expect a total timeframe of one to two years.

As a landlord, can I collect the rent arrears that have accumulated during the proceedings?

Yes. A claim for payment of rent arrears and damages can be filed at the same time as the eviction lawsuit. If the landlord receives a final judgment for payment, they can enforce it-that is, have the tenant’s bank account garnished. If the tenant is insolvent, the landlord often has no choice but to file a claim in the insolvency proceedings, despite having a judgment.

What happens if the tenant does not move out even after the eviction judgment?

Following a final eviction judgment or an enforceable settlement, the landlord instructs a bailiff to carry out the eviction. The bailiff sets an eviction date, notifies the tenant of it, and, if necessary, carries out the eviction by force. The costs of the bailiff and the moving company are borne by the tenant; in practice, these costs often fall on the landlord if the tenant is destitute.

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