Evicting a tenant through the courts – how long does it take, and what can I do as a landlord?

Your tenant isn't paying, or won't leave despite notice to quit – I explain how a possession claim works, how long it takes and how the process can be shortened.

The tenant ignores your notice to quit, hasn’t paid for months, or simply refuses to move out. You’re asking yourself: how much longer until you get your property back? That uncertainty weighs heavily on landlords. Meanwhile the rent isn’t coming in, and often you have no idea what state the property is in. I’ll show you what timescales are realistic. I’ll also explain how I keep the proceedings as short as possible for you.

In short

From the notice to quit through to the actual eviction, possession proceedings often take anywhere between six months and well over a year. The precise duration depends on how quickly the local court (Amtsgericht) lists the case, whether the tenant puts up a fight, and whether a period of grace for vacating or an application for protection against enforcement is thrown into the mix at the end. By law, the courts must deal with possession matters as a priority and on an expedited basis. That speeds things up noticeably, but it’s no miracle cure. In particularly urgent, exceptional cases – for instance where there has been unlawful self-help or a genuine risk to life and limb – an interim injunction for possession is even possible. That takes effect considerably faster.

How I can help you

• Before any claim, I check whether your notice to quit (rent arrears, own use, use in breach of the tenancy, and so on) holds up in both form and substance
• I draft the possession claim, file it with the competent local court and apply for priority handling
• I represent you at the conciliation hearing and at the main hearing
• I check whether the conditions for an interim injunction under section 940a of the Code of Civil Procedure (ZPO) are met
• I respond to the tenant’s applications for a period of grace or for protection against enforcement, and I represent you in the enforcement proceedings
• I liaise with the court bailiff and, where sensible, prepare a so-called “Berlin eviction” to keep the costs down

How a possession claim typically unfolds

Once a valid notice to quit has been given and the period for vacating has expired without success, I file the possession claim. The competent court is the local court (Amtsgericht) for the district in which the property lies. The court serves the claim on the tenant and sets a deadline for a defence. It will then usually list a conciliation hearing. There, both sides try to reach an amicable settlement – for example a consent order for possession with an agreed date for vacating. If the conciliation hearing fails, or looks hopeless from the outset, the main hearing follows. The court takes evidence there and finally hands down its judgment. Important for you: the law requires courts to deal with possession matters as a priority and on an expedited basis. In practice, local courts therefore tend not to let possession claims sit as long as other civil proceedings. Just how quickly things actually move, however, depends heavily on the particular court and its workload.

How long do proceedings really take?

There’s no blanket figure. But I can set out the factors that determine the duration:

• Service and the tenant’s response time: Even the formal service of the claim and the statutory deadlines for a defence take up several weeks.
• The local court’s workload: Despite the duty to expedite, listing practice varies considerably from court to court.
• The tenant’s defence: If the tenant disputes the grounds for the notice, that draws things out through the taking of evidence, and possibly witnesses or experts.
• Appeals: If the tenant appeals after judgment, the proceedings are extended significantly – realistically by a further six to twelve months.
• A period of grace after judgment: Even after a final possession judgment, the court may – on application or of its own motion – grant the tenant a reasonable period of grace to vacate. In total this may not exceed one year.
• Enforcement: If the tenant still won’t leave voluntarily despite a final order, you additionally need the court bailiff – and depending on the bailiff’s schedule, that adds several more weeks to months.

In straightforward, undisputed cases, the whole matter can be dealt with in a few months. Where the tenant fights every step of the way and exhausts every deadline and avenue of appeal, a timescale of well over a year is far from unusual.

Ways to speed things up: the interim injunction and the Berlin eviction

In tightly defined, exceptional cases the long road through the main proceedings can be shortened. An interim injunction to recover possession of residential premises is, in principle, only permissible in two situations: where there has been unlawful self-help (for example someone moving in without a tenancy, or a former tenant who has broken back in after moving out), or where there is a genuine risk to life and limb. In cases of rent arrears, an interim injunction only comes into play where the tenant fails to comply with a court order to provide security made during the ongoing main proceedings. That is a special case: it presupposes that a claim is already under way. For the standard case of a notice to quit based on rent arrears or own use, you are therefore left with the ordinary route through the courts.

On the cost side, the so-called “Berlin eviction” is often worthwhile. Here the bailiff does not remove and store the entire contents of the property. Instead, he simply hands possession of the property over to you as the landlord – that is, control of the keys – and asserts the landlord’s lien over the belongings left behind. This reduces the enforcement costs considerably, because the expensive storage falls away.

What the tenant can do to resist

Even after a final judgment, matters are not necessarily over at once. Shortly before the eviction date, the tenant can apply for protection against enforcement. The precondition is a hardship that cannot be reconciled with good morals – for instance an acute risk of suicide, a serious illness, or the threat of homelessness with no alternative accommodation whatsoever. As a rule, the tenant must make this application no later than two weeks before the eviction date. A later application is only possible where the grounds first arose after that point, or where the tenant was unable to raise them earlier through no fault of his own. In deciding, the enforcement court must also take account of your legitimate interest as landlord in recovering possession, and it may not suspend enforcement across the board. As your solicitor, I make sure that such applications don’t become a mere delaying tactic, and I counter them with the evidence required.

A typical example from practice

A landlord gives his tenant notice to quit with immediate effect for rent arrears of more than two months’ rent. The tenant does not respond, continues not to pay and does not move out even after the deadline set has passed. The landlord then files a possession claim. The local court lists a conciliation hearing. The tenant appears there for the first time, but the two sides reach no agreement. At the subsequent main hearing, the rent arrears are confirmed. The court orders the tenant to give up possession. Because he can credibly show he is looking for a new home, the court grants him a period of six weeks to vacate. After that period expires, the tenant still does not leave, so the landlord has to pursue enforcement through the court bailiff. All told, some nine months pass from the notice to quit to the property actually being handed back.

Common mistakes

• Seeking legal advice too late, or not at all: Formal defects in the notice to quit frequently cause the court to dismiss the claim, forcing you to start all over again.
• Not documenting the grounds properly: Anyone who can’t fully evidence rent arrears or breaches of duty makes the taking of evidence unnecessarily hard on themselves.
• Taking matters into your own hands: Changing the locks, clearing the property or cutting off the electricity before you have an order for possession and enforcement is unlawful self-help. It can leave you personally liable.
• Starting enforcement too late: Once the judgment is final, you should instruct the enforcement promptly, as court bailiffs also have lead times.
• Underestimating the cost risk of a conventional eviction: If you don’t consider the “Berlin eviction”, you often pay unnecessarily high storage costs.

Frequently asked questions

Can I change the locks myself as a landlord if the tenant won’t move out?

No. Without a final order for possession and its proper enforcement by the court bailiff, this amounts to unlawful self-help. That can leave you personally liable in damages. You have to go through the courts – and, in narrow exceptional cases, by way of an interim injunction.

Do I absolutely have to instruct a solicitor?

In civil matters before the local court there is, in principle, no requirement to be legally represented. In practice, however, I strongly recommend legal representation for possession claims, because formal defects in the notice and the claim quickly lead to dismissal and cost time. On any appeal before the regional court (Landgericht), representation is mandatory in any event.

What happens if the tenant moves out between judgment and the eviction date?

The enforcement then becomes moot, because there is no longer any need for an eviction. Any outstanding rent arrears or other adjudicated payment claims are unaffected by this and can be enforced separately.

Can the tenant prevent the eviction permanently through an application for protection against enforcement?

No. An application for protection against enforcement on grounds of undue hardship at most postpones the eviction for a limited time – it does not prevent it permanently. In deciding, the court must also weigh your interests as landlord, and it will not suspend enforcement indefinitely.

How much does a possession claim cost?

The costs are governed by the value in dispute. That is usually based on the annual net rent. On top of this come court fees and solicitor’s fees under the Lawyers’ Remuneration Act (RVG). Whether legal expenses insurance applies and what costs will actually arise are matters I’ll discuss with you at our initial consultation, based on your case.

Your next step

The longer you wait before serving notice or bringing a claim, the longer your rental loss carries on. And a tenant who has no intention of cooperating in any case only gains more time as a result. Let me check early on whether your notice to quit holds up. I’ll also assess how the proceedings can be shaped to be as quick and cost-effective as possible for you. You can find out more about my work in tenancy law and the neighbouring areas of property law at /en/topics/real-estate-law – do get in touch for an initial consultation.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-09-04.

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