⚖️ Eviction action and hardship
In brief
The landlord may not remove you from the flat himself. Only a bailiff (Gerichtsvollzieher) may do that, and only after a judgment.
If you receive an eviction action, react immediately. Contact the court within the deadlines set. Get advice. The court can give you an eviction period. It is at most one year in total.
You apply for an eviction period at the latest two weeks before the eviction date. Extensions likewise two weeks before expiry.
In the case of a termination you can rely on the social clause if moving would be a particular hardship, for example because of old age, serious illness or pregnancy. The court then weighs your interests against those of the landlord.
Step by step
- Do not ignore the lawsuitContact the court within the deadline. If you do not react, you risk a default judgment.
- Get adviceGo immediately to a tenants' association (Mieterverein) or apply for legal advice assistance (Beratungshilfe).
- Substantiate hardship groundsCollect evidence, for example medical certificates. They help in the weighing of interests.
- Apply for an eviction periodApply to the local court (Amtsgericht) at the latest two weeks before the eviction date.
Deadlines
- Only a bailiff may evict, not the landlord.
- For fixed-term tenancies under § 575 BGB, the court eviction periods do not apply.
- Eviction settlements have their own rules (§ 794a ZPO): application at the latest two weeks before the agreed eviction date.
- A ground of hardship is not automatic. The court weighs the individual case.
In depth · legal basis, figures and practice – for advisers and professionals
Eviction period, § 721 ZPO
If eviction from residential premises is ordered, the court can, on application or of its own motion, grant the debtor an eviction period appropriate to the circumstances. In total it may not exceed one year, counted from the day the judgment becomes final. For a future eviction the application must be made at the latest two weeks before the eviction date; applications for extension must be submitted at the latest two weeks before expiry. The application is decided by order after hearing the opponent; an immediate appeal is possible. The provision does not apply to tenancies under § 549 Abs. 2 Nr. 3 and § 575 BGB. Under para. 7 sentence 2, for a fixed-term tenancy under § 575 BGB that ends by extraordinary termination, the eviction period may be granted at most until the end date set in the contract.
Eviction settlement, § 794a ZPO
In the case of an eviction settlement, the debtor can apply to the local court for an appropriate eviction period, at the latest two weeks before the agreed eviction date. The period may not exceed one year in total from the conclusion of the settlement.
Social clause, § 574 BGB
The tenant can object to an ordinary termination and demand continuation of the tenancy if ending it constitutes a hardship that cannot be justified even taking the landlord's legitimate interests into account. This does not apply where there are grounds that justify termination without notice. According to the Federal Court of Justice, the hardship assessment requires careful clarification of illnesses and their effects (BGH 22 May 2019 – VIII ZR 180/18 and VIII ZR 167/17: ex officio investigation and expert opinion where deterioration of health is certified; also decision of 28 October 2025, VIII ZR 17/25).
Authorities in an eviction action for rent arrears
Under § 22 Abs. 9 SGB II, the court informs the responsible body (Jobcenter) without delay of the receipt of an eviction action for default on payment, unless inability to pay is clearly excluded.
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