Eviction action: process, duration and costs for landlords and tenants

What is an eviction action?

The eviction action is the landlord's action for the tenant to vacate and return the rented flat, based on the tenant's duty to return it after the tenancy ends (Sec. 546 (1) BGB). Its aim is an enforceable eviction order (Räumungstitel), usually a judgment or a court settlement. Only with this can the landlord instruct the bailiff. Only the local court has jurisdiction, regardless of the amount in dispute (Sec. 23 no. 2 a GVG), namely the court where the flat is located (Sec. 29a (1) ZPO).

No removal without an enforceable order. Changing the locks, cutting off the electricity or putting furniture outside the door is unlawful interference with possession (verbotene Eigenmacht, Sec. 858 (1) BGB), even if the notice was valid. The tenant can demand that possession be restored to them (Sec. 861 BGB), in urgent cases also by way of an interim injunction. Anyone who enters against the tenant's will also risks a criminal complaint for trespass (Hausfriedensbruch, Sec. 123 StGB).

Requirements for an eviction action

For the action to succeed, the tenancy must have ended and the tenant must nevertheless not have returned the flat.

• Valid notice or another end of the tenancy. The notice must be in writing (Sec. 568 (1) BGB), i.e. signed by hand on paper or with a qualified electronic signature (Sec. 126 (1) and (3), Sec. 126a BGB). For a summary termination, the good cause must be stated in the notice letter (Sec. 569 (4) BGB), for an ordinary notice the legitimate interest (Sec. 573 (3) BGB). Which reasons hold up is explained in the guides summary termination of a tenancy, notice period for a rented flat and notice for own use.
• The end of the tenancy has been reached. For an ordinary notice, the notice period must have expired.
• Objection to continued use. If the tenant continues to use the flat after the end of the tenancy, the tenancy is extended for an indefinite period unless the landlord objects within 2 weeks of learning of it (Sec. 545 BGB). In practice, this objection is often already included in the notice.
• No successful objection on grounds of hardship. After an ordinary notice, the tenant can object on grounds of hardship (Sec. 574 BGB), and the court then weighs the interests in the eviction proceedings. Where there is a reason for summary termination, such as significant rent arrears, this right does not exist (Sec. 574 (1) sentence 2 BGB).

The eviction action process in 7 steps

1. Give notice and wait for the end of the tenancy. Check the notice, its receipt and the period beforehand. An invalid notice does not become valid through the action; a new notice then remains possible, even during the proceedings.
2. File the action with the local court. The statement of claim names the parties, the court and a specific application with its subject matter and grounds (Sec. 253 (2) ZPO). The core application is for the precisely described flat, including cellar or parking space, to be vacated and returned. In addition, the landlord can claim arrears and, until the flat is returned, compensation for use (Nutzungsentschädigung) of at least the agreed rent (Sec. 546a (1) BGB).
3. Pay the advance on court fees. The procedural fee falls due when the action is filed (Sec. 6 (1) GKG). The action is only served after payment (Sec. 12 (1) GKG).
4. Service on the tenant. With service, the action is brought and the case is pending (Sec. 253 (1), Sec. 261 (1) ZPO). From this day, in the case of rent arrears, the grace period (Schonfrist) of 2 months runs (Sec. 569 (3) no. 2 BGB). In the case of summary termination for late payment, the court also informs the job centre (Jobcenter) or the social welfare office (Sozialamt) as soon as the action is received (Sec. 22 (9) SGB II, Sec. 36 (2) SGB XII).
5. Written preliminary procedure or early hearing. In the written preliminary procedure, the tenant must give notice of their intention to defend within a non-extendable deadline (Notfrist) of 2 weeks and receives at least 2 further weeks for the statement of defence (Sec. 276 (1) ZPO). If they remain silent, a default judgment is issued on application without an oral hearing (Sec. 331 (3) ZPO).
6. Conciliation hearing and hearing. The hearing is usually preceded by a conciliation hearing (Güteverhandlung, Sec. 278 (2) ZPO). If the parties agree on a moving-out date, the court settlement is enforceable like a judgment (Sec. 794 (1) no. 1 ZPO). Otherwise, the court examines the notice, its receipt and the grounds of hardship, if necessary with witnesses or expert opinions.
7. Judgment. If the court upholds the action, it orders the tenant to vacate and can grant them a period to vacate (Sec. 721 ZPO). The judgment is provisionally enforceable without provision of security (Sec. 708 no. 7 ZPO), but the tenant may avert enforcement by providing security unless the landlord in turn provides security (Sec. 711 ZPO).

Documents for the action (checklist):

• tenancy agreement with all addenda
• notice letter and proof of receipt, for example a messenger's record
• in the case of rent arrears: a list of the unpaid months and bank statements
• where applicable, a formal warning and the objection to continued use
• names of all tenants and of all adults living in the flat (see special cases)
• exact location of the flat: floor, position in the building, ancillary rooms

We deliberately do not provide a template for the action, as the applications depend on the individual case.

How long does an eviction action take?

There is no fixed duration. It depends on whether the tenant defends themselves, how busy the court is and whether evidence is taken. As a rule of thumb for contested proceedings up to the judgment, 6 to 12 months are often quoted; without a response from the tenant, it is considerably faster. The statutory deadlines are reliable:

Step	Deadline	Who	Legal basis
Objection to continued use	2 weeks from learning of it	landlord	Sec. 545 BGB
Notice of intention to defend in the written preliminary procedure	2 weeks from service (non-extendable deadline)	tenant	Sec. 276 (1) sentence 1 ZPO
Statement of defence	at least 2 further weeks	tenant	Sec. 276 (1) sentence 2 ZPO
Grace period for rent arrears	up to 2 months after service of the action	tenant	Sec. 569 (3) no. 2 BGB
Objection to a default judgment	2 weeks from service (non-extendable deadline)	tenant	Sec. 339 (1) ZPO
Appeal (amount in issue over €1,000)	1 month from service of the full judgment	both	Sec. 511, 517 ZPO
Application for a period to vacate	before the close of the oral hearing	tenant	Sec. 721 (1) sentence 2 ZPO
Extension of the period to vacate	application no later than 2 weeks before expiry, no more than 1 year in total from the judgment becoming final	tenant	Sec. 721 (3) and (5) ZPO
Protection against enforcement	application no later than 2 weeks before the eviction date	tenant	Sec. 765a (3) ZPO

How long can a tenant delay the eviction? The law limits the period to vacate granted by the court to one year in total from the judgment becoming final (Sec. 721 (5) ZPO), and for an eviction settlement to one year from the conclusion of the settlement or a later eviction date (Sec. 794a (3) ZPO). An appeal postpones the judgment becoming final but does not automatically prevent enforcement of the provisionally enforceable judgment; this requires an application for temporary suspension (Sec. 719 (1) ZPO). After that, only protection against enforcement in exceptional cases remains (Sec. 765a ZPO). Throughout this time, the tenant owes compensation for use (Sec. 546a BGB).

What does an eviction action cost?

The costs depend on the amount in dispute. For an eviction action, this is in principle the payment for one year (Sec. 41 (2) GKG). Service charges only count if they are agreed as a flat rate and not billed separately (Sec. 41 (1) sentence 2 GKG). With a basic rent of €800 and advance payments for service charges, the amount in dispute is therefore €9,600. If the landlord also claims rent arrears, their amount is added (Sec. 39 (1) GKG).

The court charges 3.0 fees for the proceedings (no. 1210 KV GKG). Each lawyer usually receives a 1.3 procedural fee and a 1.2 hearing fee (no. 3100, 3104 VV RVG), plus a flat-rate expenses allowance of no more than €20 (no. 7002 VV RVG) and 19% VAT.

Basic rent per month	Amount in dispute	Advance on court fees (3.0)	One lawyer, judgment after a hearing (gross)	Total risk of a contested judgment: court and two lawyers	Default judgment: court and the landlord's lawyer
€500	€6,000	€579.00	€1,255.45	€3,089.90	€1,489.59
€800	€9,600	€849.00	€1,963.50	€4,776.00	€2,269.38
€1,200	€14,400	€1,032.00	€2,290.75	€5,613.50	€2,688.00

Fees under Annex 2 to the GKG and the RVG in the version in force since 2025, excluding expenses for service, witnesses and experts, and without a payment claim. For a default judgment in the written preliminary procedure, the landlord's lawyer only receives a 0.5 hearing fee (no. 3105 VV RVG); the court fee is not reduced, because no. 1211 KV GKG does not mention the default judgment.

It becomes cheaper with an acknowledgement of the claim, a settlement or a withdrawal. The court fee then falls to 1.0 (no. 1211 KV GKG), so to €283 with a rent of €800. With a settlement, however, the lawyers also earn a settlement fee of 1.0 (no. 1000, 1003 VV RVG), at this amount in dispute €652 net per lawyer.

Who pays? Initially the landlord, who advances the court fees and pays their own lawyer. In the end, the losing party bears all the costs of the proceedings, including the other side's lawyer (Sec. 91 (1) ZPO). If the tenant who has been ordered to pay is insolvent, the landlord is in practice left with the costs. Claims established by a final judgment only become time-barred after 30 years (Sec. 197 (1) no. 3 BGB); more on this in the guide Limitation. Many legal expenses insurance policies include a module for housing and property law; whether it applies is set out in the terms of your policy.

Forced eviction: classic or Berlin eviction

If the tenant does not move out despite the enforceable order, the landlord instructs the bailiff. The order must name the tenant and be served on them at the latest when enforcement begins (Sec. 750 (1) ZPO). The bailiff removes the tenant from possession and puts the landlord in possession (Sec. 885 (1) ZPO), against an advance on costs (Sec. 4 GvKostG). The necessary costs are ultimately borne by the tenant (Sec. 788 (1) ZPO), and in the case of insolvency in practice by the landlord.

	Classic eviction	Berlin eviction
Legal basis	Sec. 885 ZPO	Sec. 885a ZPO (limited enforcement order)
What the bailiff does	removes the tenant from possession, takes away and stores the belongings	only the change of possession, documents clearly visible belongings in the record, also with photos
Bailiff's fee	€163.50 (no. 240 KV GvKostG), from the fourth hour €24 per hour (no. 500)	€109.00 (no. 241 KV GvKostG), photos €5 (no. 713)
Other costs	removal company, storage, travel allowance, flat-rate expenses allowance up to €10 (no. 707, 711, 716)	travel allowance, flat-rate expenses allowance; the landlord organises removal and storage themselves
Tenant's belongings	if the tenant does not collect them within 1 month, the bailiff sells them (Sec. 885 (4) ZPO)	the landlord stores them, is only liable for intent and gross negligence, and may sell them after 1 month (Sec. 885a (3) and (4) ZPO)

In both cases, the tenant must get back items that cannot be seized and items that would not fetch any proceeds at any time on request (Sec. 885 (5), Sec. 885a (5) ZPO). Items that there is obviously no interest in keeping may be destroyed (Sec. 885 (3), Sec. 885a (3) ZPO). The costs of removal and storage depend on the effort and the region; the bailiff charges them in full as expenses (no. 707 KV GvKostG), and there are no fixed rates for them.

Urgent proceedings: can the eviction be faster?

There are no urgent proceedings that get a tenant who is unwilling to pay out of the flat in a few days. An eviction by interim injunction is only permitted in narrow cases (Sec. 940a ZPO):

• in the case of unlawful interference with possession or a specific danger to life or limb (para. 1),
• against a third party who only moved into the flat after the oral hearing, if an enforceable eviction order against the tenant already exists (para. 2),
• in an eviction action for late payment, if the tenant does not comply with a security order (para. 3).

Security order (Sicherungsanordnung): If the landlord combines the eviction action with a payment claim, the court can, on application, order the tenant to provide security for the amounts falling due after service. This requires high prospects of success and particular disadvantages for the landlord (Sec. 283a (1) ZPO). If the tenant does not provide security, the way to an eviction injunction is open; the court hears the tenant beforehand (Sec. 940a (4) ZPO).

Received an eviction action: what tenants can do

An eviction action that has been served on you does not mean that you have to move out immediately, but deadlines are now running.

• Meet the deadlines. In the written preliminary procedure, you must give notice within 2 weeks that you intend to defend yourself (Sec. 276 (1) ZPO); otherwise you face a provisionally enforceable default judgment (Sec. 708 no. 2 ZPO), against which only an objection within 2 weeks helps (Sec. 339 (1) ZPO). At the local court, you do not need a lawyer; you only need one before the regional court (Landgericht, Sec. 78 (1) ZPO).
• Rent arrears: use the grace period. If you pay all rent due and the compensation for use due no later than 2 months after service of the action, the summary termination for late payment becomes invalid. The same applies if a public body such as the job centre undertakes to pay within this period. This is only possible once in 2 years (Sec. 569 (3) no. 2 BGB). If the landlord has also given ordinary notice in the alternative, under current law the payment only saves you from the summary termination, not from the ordinary notice (Federal Court of Justice (Bundesgerichtshof, BGH), judgment of 19 September 2018, VIII ZR 231/17). The federal government wants to extend the grace period once to ordinary notice as well; as of November 2026, this bill is not in force (Bundestag printed paper 21/6807).
• Contact the job centre or the social welfare office. The court reports eviction actions for late payment to the responsible authority. Rent debts can be taken over if this is justified to secure the accommodation, and should be taken over if homelessness would otherwise threaten; at the job centre usually as a loan, at the social welfare office as a grant or loan (Sec. 22 (8) SGB II, Sec. 36 (1) SGB XII).
• Claim hardship. After an ordinary notice, you can object in text form no later than 2 months before the end of the tenancy, or, if the landlord did not inform you of this right, still at the first hearing (Sec. 574b BGB). What counts as hardship is explained in the guide Own use: tenant cannot find a new flat.
• Apply for a period to vacate. File the application before the close of the oral hearing (Sec. 721 (1) sentence 2 ZPO). During a period to vacate that has been granted, you owe compensation for use, but no further damages (Sec. 571 (2) BGB).
• Protection against enforcement as the last step. In the case of hardship incompatible with public morals because of very special circumstances, the enforcement court can lift, prohibit or temporarily suspend the eviction (Sec. 765a (1) ZPO). The hurdle is very high, for example where there is a serious risk to life or health.
• Legal aid (Prozesskostenhilfe). If you cannot afford the costs, you receive legal aid on application if your defence has sufficient prospects of success and is not frivolous (Sec. 114 (1) ZPO).

Costs for you as a tenant: If you lose, you bear the costs as in the table above, plus compensation for use and the forced eviction (Sec. 788 ZPO). An acknowledgement of the claim reduces the court fee to 1.0 (no. 1211 KV GKG). If you acknowledge the claim immediately and are granted a period to vacate, the court can impose the costs in whole or in part on the landlord if, before the action, you had already unsuccessfully demanded the continuation of the tenancy or a reasonable period to vacate, stating your reasons (Sec. 93b (3) ZPO).

Special cases

The tenant moves out during the proceedings. The landlord should declare the case settled (Erledigungserklärung) instead of withdrawing the action. After a withdrawal, they generally bear the costs themselves (Sec. 269 (3) sentence 2 ZPO); after both sides declare the case settled, the court distributes the costs at its reasonable discretion (Sec. 91a ZPO).

The tenant suddenly pays. If they pay in full within the grace period, the summary termination becomes invalid, and the eviction action would have to be dismissed to that extent. Here too, declaring the case settled is the usual route.

Co-occupants and subtenants. Enforcement is only permitted against persons named in the enforceable order (Sec. 750 (1) ZPO). If other adults with their own possession live in the flat, for example a partner, the action should also be directed against them. Against a subtenant, the landlord has a separate claim for return (Sec. 546 (2) BGB).

Own use. After a notice for own use (Eigenbedarf), the eviction action proceeds in the same way. The court then pays particular attention to the own use and to the tenant's grounds of hardship. For this case, there is the service Have a notice for own use checked, €169 fixed price, including VAT.

Commercial premises. For business premises, the place of jurisdiction is also where the premises are located (Sec. 29a ZPO). However, the regional court, where representation by a lawyer is mandatory, has jurisdiction if the amount in dispute exceeds €10,000 (Sec. 23 no. 1 GVG, Sec. 78 ZPO). Periods to vacate under Sec. 721 ZPO only exist for residential space.