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Apply for and extend an eviction period: more time after an eviction judgment

After an eviction judgment you do not necessarily have to leave immediately: the court can grant you an eviction period so that you have time to find replacement housing. If the period is too short, it can be extended under certain conditions.

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Your chances of getting your money back

On application, the court can grant you a reasonable eviction period (§ 721 ZPO). It is meant to give you time to search for an apartment and to cushion hardships.
An extension is possible if you have demonstrably tried to find replacement housing and special reasons exist. You must submit the application in good time before the period expires.

What you should do now

  1. 1

    1. Apply for an eviction period

    Apply, best already in the eviction proceedings, for the grant of an eviction period and justify your need.

  2. 2

    2. Document the apartment search

    Collect proof of your efforts (inquiries, rejections, housing office). This is decisive for an extension.

  3. 3

    3. File for an extension in time

    If the period is not enough, apply for the extension before it expires and set out your efforts as well as grounds of hardship.

  4. 4

    4. Call in support

    Turn to the housing office/social welfare office and the emergency housing assistance early to avoid homelessness.

How to spot the scam

  • The bailiff announces an eviction date and you have nowhere to stay.
  • You have collected no proof at all of your apartment search.
  • The period expires soon and you have not yet filed an extension application.

Frequently asked questions

How long is an eviction period?

The court decides this according to the circumstances, often a few weeks to months. Decisive are your situation, the housing situation and the interests of the landlord (§ 721 ZPO).

Can I have the period extended?

Yes, under conditions. You must submit the application in good time before the period expires and prove that you have seriously tried to find replacement housing. The total duration is limited.

What if I find no apartment at all?

Turn urgently to the social welfare office, housing office and emergency housing assistance. In the event of imminent homelessness there is emergency accommodation; but there is no unlimited extension of the eviction period.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.