Reader question: When and under what circumstances can I apply for or extend a judicial eviction period?
If an eviction is foreseeable in the German eviction proceedings, a second question can become urgent alongside the dispute over the claim: How much additional time can be applied for the actual move-out? §721 ZPO enables the court, when ordering the vacation of residential premises, to grant an eviction period appropriate to the circumstances. Whether and for how long is decided by the court according to the circumstances; the fact that you have not yet found a new flat is a consideration, but not a guarantee. [ZPO721]
Recognise the correct procedural point
For the first application under paragraph 1, the decisive moment is the conclusion of the oral hearing at which the judgment is delivered. Submit the application before that. The possibility of a decision ex officio is not a reliable substitute for your own timely application. [ZPO721]
Therefore first put your documents in order: Is the oral hearing still open? Is there already a judgment, and what does it say about the eviction and the period? The answer determines the next step. An enquiry with the landlord or further flat hunting does not replace the court application.
Justify a concrete time requirement
Our editorial recommendation: Explain what time you need for what and which steps are already underway. For example, document actually submitted flat applications, already confirmed handover offers and a realistic moving schedule. Special personal circumstances should be explained with appropriate documents; there is no general list of guaranteed grounds for approval.
In the hypothetical case a new flat is only available after a specifically named handover. The tenant submits the confirmation and the intervening time requirement. This comprehensible sequence is more helpful for the assessment than the vague statement of moving out at some point. The court must nevertheless assess the circumstances.
Distinguish between future eviction and extension
If a future eviction has already been ordered and no decision has yet been made on an eviction period, paragraph 2 requires an application at the latest two weeks before the eviction date specified in the judgment. An already granted eviction period can be extended or shortened on application. You must submit the application for extension at the latest two weeks before its expiry. [ZPO721]
Therefore do not wait until the last day. For an extension show what has changed since the previous decision and why the time requirement persists. These applications are in principle decided by the court of first instance, or during a pending appeal by the appellate court; the opposing party is heard beforehand. [ZPO721]
Check limits before planning
The total eviction period may be no more than one year. The statutory commencement depends on whether calculation is from the final judgment or from a later eviction date specified therein. One year is an upper limit, not a promised standard period. [ZPO721]
Paragraph 7 contains exclusions for the residential tenancy referred to there under §549 paragraph 2 number 3 BGB and for cases under §575 BGB. In the case of extraordinary termination of such a fixed-term tenancy an extension is possible at most until the contractually agreed end. Therefore have the contract type classified before applying. [ZPO721][BGB549][BGB575]
This guide concerns the judicial eviction period. It does not answer the eviction claim itself nor other remedies or the costs of further use. With the complete judgment and the current evidence the specific question of the period can be examined professionally and in a targeted manner.