Application for protection against enforcement, special case: application for protection against eviction

• The enforcement measure/eviction of the apartment constitutes unreasonable hardship An application for protection from enforcement (Vollstreckungsschutzantrag) is justified only where quite special, exceptional circumstances exist under which the enforcement (Zwangsvollstreckung) would result in hardship for you that cannot be reconciled with public policy. This is the case in particular where your life/health or the life of a close relative is seriously endangered by the enforcement measure. In addition, the danger to health or life must also be incapable of being averted by any means other than a temporary suspension of the eviction proceedings. • The debtor's interests outweigh the creditor's interests The creditor's need for protection must be weighed against your own. Protection from enforcement can be granted to you only if the creditor's interests stand in gross disproportion to your interests as debtor. If, therefore, the consequences of a suspension for the creditor weigh more heavily than the consequences of enforcement for you, protection from enforcement cannot be granted to you. • The bailiff's eviction notice (Räumungsbenachrichtigung) has been issued If you wish to defend yourself against the eviction from your apartment, you must submit the bailiff's eviction notice. Protection from eviction (Räumungsschutz) can accordingly only be granted if the eviction has already been announced by the bailiff. • Deadline before the eviction date: at least 2 weeks An application for protection from eviction (Räumungsschutzantrag) must be submitted at the latest two weeks before the eviction date set by the bailiff. If the reason justifying the application for protection from eviction arose only after this period, or if you were prevented from submitting the application in time through no fault of your own (which you must prove with supporting documents), a later submission is also possible. However, the application must be submitted before the eviction date.

• Written application from the debtor, with justification of the unreasonable hardship (unzumutbare Härte) This application can also be submitted during the relevant office hours at the court's Rechtsantragsstelle (legal application office). The application must be justified in detail, and its content must be substantiated to the court's satisfaction. • Identity card (Personalausweis) or passport with Meldebescheinigung (registration certificate) • Documents relating to the enforcement measure For an application for protection against eviction, the eviction notice (Räumungsbenachrichtigung) from the bailiff (Gerichtsvollzieherin or Gerichtsvollzieher) must be submitted. A copy is sufficient. • Evidence proving the unreasonable hardship Documents serving as evidence of the unreasonable hardship can be, for example: if a new tenancy agreement exists, the original contract, or a medical specialist's certificate showing that the enforcement measure poses a serious health risk to you or to the life of a close relative.

For the application for protection against enforcement (Vollstreckungsschutz) you must pay a fee of €20.00. In addition, €3.50 is charged for each delivery/service of documents (Zustellung).

• Section 765a of the Zivilprozessordnung (Code of Civil Procedure, ZPO) www.gesetze-im-internet.de/zpo/__765a.html

The competent court is the Amtsgericht (local court) acting as the enforcement court (Vollstreckungsgericht), in whose district the compulsory enforcement measure takes place.