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Procedure · Costs · Enforcement
Eviction lawsuit: what it costs and how long it takes
- Complete cost breakdown with verifiable fee values instead of estimates
- Realistic duration per procedural stage – from receipt to bailiff
- Berlin Eviction under § 885a of the German Code of Civil Procedure (ZPO): Why it is usually the more favourable option
- What actually comes in from your reimbursement claim in the end
- 12Monthly net rents as the value in dispute for eviction
- 3,0Court fees according to No. 1210 KV GKG
- 5–9Months until the first-instance judgment
- 1The court can grant a clearance period of one year
Order
The path from the termination letter to the vacated flat
The eviction lawsuit is not a single step, but a chain. Each link has its own duration and its own costs – and at three points, it is decided whether the proceedings will take six or eighteen months.
- 1Week 1
Termination and eviction period
The termination without notice, alternatively ordinary termination, has been received. Set a vacation period of two to three weeks. Only after its expiry without success is legal action sensible – before that, the locus standi for immediate eviction is lacking.
- 2Weeks 3-4
Statement of claim with payment request
Eviction and rent arrears must be included in a single lawsuit. The local district court (Amtsgericht) where the property is located has sole jurisdiction – regardless of the amount in dispute (§ 23 No. 2a GVG, § 29a ZPO). The statement of arrears, broken down by month, rent due, payment, and remaining balance, is Appendix 1.
- 3Weeks 4–6
Court fee advance and service
Delivery will only take place once the advance payment of three fees has been paid. With the delivery, legal proceedings commence – and thus the two-month grace period under § 569 para. 3 no. 2 BGB begins to run.
- 4Plus one month
Apply for a guarantee arrangement
Under Section 283a of the German Code of Civil Procedure (ZPO), the court can order the tenant to deposit rent that becomes due during legal proceedings. If the tenant fails to comply, eviction via a preliminary injunction under Section 940a (3) ZPO is possible. The application costs almost nothing and significantly shortens proceedings.
- 5+3 to 6 months
Oral hearing
Matters concerning the eviction of residential property must be scheduled with priority and expedited according to § 272 para. 4 of the German Code of Civil Procedure (ZPO). If the tenant does not appear, a default judgment will be issued. If the tenant applies for legal aid, the examination of this application alone regularly extends the proceedings by six to ten weeks.
- 6+5 to 9 months
Eviction order and eviction period
Under Section 721 of the Code of Civil Procedure (ZPO), the court can grant the tenant a period for eviction – a maximum of one year from the date the judgment becomes legally binding. In practice, two to six weeks are granted; significantly more for families with children or ill tenants.
- 7afterwards
Bailiffs and return
Writ of execution, eviction date, change of locks. The bailiff announces the eviction, which in individual cases leads to applications under § 765a ZPO. Allow four to ten weeks from the date of instruction until the appointment.
In total, realistically, there are eight to fourteen months between the notice of termination and the key being in your hand. Delays almost never arise from the court, but rather from applications for legal aid, eviction periods, and protection from eviction.
Cost
What an eviction claim actually costs
All values in the example relate to a flat with a net cold rent of €500, meaning a dispute value for eviction of €6,000. These are fee values according to the current fee schedules, not estimates.
| Position | Value | Basis |
|---|---|---|
| Value of the dispute for eviction | Annual net rent – €6,000 here | § 41(2) GKG |
| Court costs | 3.0 Fees – €579.00 | No. 1210 KV GKG, Annex 2 GKG |
| Discount on recognition, settlement or withdrawal | at 1.0 fee – €193.00 | No. 1211 KV GKG |
| Solicitor first instance | 1,3 procedural fee + 1.2 hearing fee + €20 expenses – €1,055.00 net | No. 3100, 3104, 7002 VV RVG |
| VAT on legal fees | 19 % – €200.45 here | No. 7008 VV RVG |
| Bailiff, eviction pursuant to Section 885a of the German Code of Civil Procedure | 109.00 € without removal of the items | No. 240 KV GvKostG |
| Bailiff, full eviction | £163.50 plus time surcharge | No. 240, 241 KV GvKostG |
| Freight forwarding and warehousing with a classic clearance | Advance regularly four-figure | Empirical value, not a fee-generating event |
The pure procedural costs therefore amount to around €1,850 gross if the eviction remains limited to the handover of possession. If the tenant disputes the matter and the household effects have to be stored, the amount quickly doubles.
What's missing from this invoice is the actual damage. Twelve months without rent at €500 already amounts to €6,000; two months of renovation and one month of re-letting are added to this. While the claim for reimbursement under Section 91 of the ZPO (Austrian Code of Civil Procedure) exists, it is directed against a debtor who was already unable to pay the rent. The judgment becomes statute-barred only after 30 years – yet a realistic recovery is seldom.
Duration
What it really depends on
The duration of the proceedings is rarely determined by the court. It is determined by three applications from the tenant – and by the quality of your own documentation.
Legal aid
The most common reason for delays. It regularly takes six to ten weeks for the documents to be complete and for a decision to be made on the application. There is little that can be done to speed this up, but it can be prepared for by ensuring that the lawsuit is coherent and complete from the outset.
Eviction period according to § 721 of the German Code of Civil Procedure
The court may grant a period of up to one year ex officio. Only substance will help against a corresponding application: those who quantify their own economic disadvantage – loss, financing instalment, condition of the flat – will receive shorter deadlines than those who merely refer to the judgment.
Enforcement protection under Section 765a of the German Code of Civil Procedure (ZPO)
An application shortly before the eviction date, usually based on health or impending homelessness. It rarely succeeds in the long term, but often postpones the date by several weeks. Include it from the outset in problem cases.
Your own file situation
The only factor you have complete control over. A complete inventory of arrears, proof of notice termination, full contract parties: where these are in place, a judgment is often reached in the first appointment. Where they are missing, rectifications are made – and that costs another appointment, meaning two to four months.
Enforcement proceedings
Berliner clearance or classic clearance
The result of the two variants often differs by several thousand euros. The decision is made with the enforcement order – and it is then difficult to correct.
In a classical eviction, the bailiff removes all the household contents and has them stored. He demands an advance payment for this, which you have to bear and which, for an average furnished flat, runs into four figures. You only get it back if the tenant is solvent.
When carrying out a repossession under § 885a ZPO – the so-called "Berlin eviction" – the order is limited to the handover of the flat. The bailiff will put you in possession, and the belongings will remain inside for the time being. You will become the custodian, you will have to distinguish between unseizable and obviously worthless items, and after one month you will have to decide on the remaining belongings. The effort is real, but the cost savings are usually significantly greater.
A landlord's lien under § 562 BGB on the items brought in can make a classic eviction more attractive in individual cases – but in practice, it rarely pays off, because the items in a rented flat are almost never worth the effort of realisation.
Do not instruct the bailiff until the re-letting is prepared. Otherwise, there will be several more weeks of vacancy between eviction and the start of the new tenancy – and those weeks count just as much as the months before.
Typical mistakes
Five points that make the procedure expensive
None of this is legally difficult. They are decisions that must be made early on and cannot be corrected later.
- Eviction only, sued without a claim for payment. The claim for payment must then be made in a second legal action – with separate court and legal fees. In a single lawsuit, combining them is significantly cheaper than pursuing them separately twice.
- No security arrangement requested. Section 283a of the German Code of Civil Procedure (ZPO) is the most effective instrument against delaying tactics. Nevertheless, it is rarely used because it is hardly known. The application should be included in every statement of claim where rent continues to be withheld.
- Classic eviction ordered without calculation. The advance payment for freight forwarding and warehousing is regularly higher than all court and legal fees combined. The option under Section 885a of the German Code of Civil Procedure (ZPO) is the more economical one in most cases.
- Eviction period accepted without objection. He who does not counter the tenant's request with concrete figures to his own detriment will be granted the longer period. Loss of earnings, financing instalments and the condition of the flat must therefore be included in the written submission.
- Executed too late for the title. Weeks often pass between a judgment becoming legally binding and the enforcement order being issued, during which nothing happens. These weeks cost the same as the months before – it's just less noticeable.
Classification
When the process is no longer worthwhile
There comes a point where persevering becomes more expensive than letting go. It can be determined quite accurately.
The rule of thumb from our own stock: As long as it's about a single unit in an otherwise functioning building, the procedure is almost always the right way to go. The costs are manageable, the failure bearable, and after that the problem is permanently solved.
The bill becomes unmanageable when several factors combine: more than one affected unit, a property with a maintenance backlog, an ongoing loan whose instalments are debited regardless of rental income, and co-owners or heirs who cannot agree on the way forward. Then, fourteen months of legal proceedings, two months of renovation, and the subsequent re-letting add up to a period in which the house is not generating income, but costs.
We are writing this as the buyer. The Rosenbaum Group owns its own apartment buildings and continuously acquires more – even those with pending eviction proceedings. Legically, this is not problematic: a sale does not terminate a tenancy; the buyer enters into the tenancy agreement in accordance with § 566 BGB and continues the proceedings. We calculate the remaining duration of the proceedings, the vacancy period, and the renovation costs, and quote a price for it. You exchange an open case with an unknown end date for an appointment at the notary.
This is not the better solution in every situation. If you intend to keep the property long-term and only one party is causing problems, carry out the procedure – the order for this is outlined above. If you are considering a sale anyway, the timing before the judgment is, as a rule of thumb, better than afterwards.
Frequently Asked Questions
Eviction proceedings – the most frequent questions from landlords
What are the total costs of an eviction lawsuit?
At a net cold rent of 500 Euros and thus a dispute value of 6,000 Euros: 579 Euros court costs, around 1,055 Euros lawyer's fees net plus VAT and 109 Euros for eviction according to § 885a ZPO. A total of around 1,850 Euros gross. With a classic eviction including storage, a typically four-figure advance payment is added.
Who bears the costs in the end?
According to § 91 of the German Code of Civil Procedure (ZPO), the losing tenant. In practice, you initially bear the costs in full and retain a judgment against someone who was already unable to pay the rent. Calculate the refund carefully.
How long does an eviction lawsuit take?
Up to five to nine months until the first-instance judgment, longer if legal aid is applied for. With a notice period and enforcement, there are eight to fourteen months between the termination and the vacated flat.
Which court has jurisdiction?
The local court at the place of residence – regardless of the value of the dispute (§ 23 No. 2a GVG, § 29a ZPO). A deviating agreement on the place of jurisdiction in the rental agreement is invalid.
Can I sue for eviction and rent arrears together?
Yes, and you should. The payment application increases the value of the dispute but saves a complete second procedure with its own fees.
Can I sell during the proceedings?
Yes. Ownership transfers, the tenancy continues (§ 566 BGB), and the buyer continues the proceedings. For buyers who are themselves tenants, an ongoing eviction proceeding is a calculable item and not a reason for exclusion.
Alternative
Selling with an ongoing eviction lawsuit
We are not a broker. The Rosenbaum Group buys apartment buildings for its own portfolio and takes over pending proceedings. Tell us where you stand – then the answer will be specific.
What suits your situation?
At what point in the procedure are you?
Non-binding, no commission, and no agency agreement. We are long-term holders – you speak directly with the buyer.
Sources and status of the data
- § 41 Para. 2 GKG, Nos. 1210 and 1211 KV GKG, Annex 2 GKG – gesetze-im-internet.de
- No. 3100, 3104, 7002 and 7008 VV RVG, Annex 2 RVG – gesetze-im-internet.de
- No. 240 and 241 KV GvKostG – laws-in-the-internet.de
- §§ 91, 272 para 4, 283a, 721, 765a, 802c, 885a, 940a of the Code of Civil Procedure (ZPO) as well as § 23 no. 2a of the Law on the Administration of Justice (GVG) – gesetze-im-internet.de
- §§ 197, 546a, 562, 566, 569 BGB – gesetze-im-internet.de
All details checked on 03.08.2026. Monetary amounts are fee values according to the applicable fee schedules, not estimates. This contribution does not replace legal advice in individual cases.
Further
Relevant posts and pages
- Tenant not paying – what to do – the process from the first open rent to enforcement.
- Summary dismissal for rent arrears – at which threshold they carry and why the ancillary application is crucial.
- Rosenbaum Group Real Estate Acquisition – Direct sale to a property owner – even with ongoing proceedings.
Process is ongoing, patience has run out?
We also buy in the middle of repossession proceedings. A brief conversation is enough to clarify what your property is worth in its current state.