Räumungsklage in Frankfurt With Children: Asking for a Räumungsfrist of Up to a Year Before the Hearing Ends
If the Amtsgericht Frankfurt am Main orders you to leave your flat, the court can give you a Räumungsfrist, a period to move out, of up to one year in total (§ 721 ZPO). The request must be made before the end of the oral hearing in which the judgment is given, so say it at the hearing and ideally in writing before. An extension has to be requested at least two weeks before the period ends. A forced eviction by the Gerichtsvollzieher can only be stopped in a hardship case with an application under § 765a ZPO, filed at least two weeks before the eviction date. In Frankfurt, call the Hilfen zur Wohnungssicherung in the Sozialrathaus Gallus (069 212-38189) the day the lawsuit arrives.
The Letter From the Amtsgericht
An eviction lawsuit (Räumungsklage) is not an eviction. It is the landlord’s request that the court orders you to leave a flat after a termination. In Frankfurt, residential lease cases go to the Amtsgericht Frankfurt am Main. Its main address is Gerichtsstraße 2, 60313 Frankfurt, but the court’s page says all civil departments sit in Niederrad (Hahnstraße 25, 60528), so check the address on your court letter. The court’s own page warns of delays in civil cases, with about six to eight weeks to register a case as of January 2026. That is not a reason to wait. The lawsuit letter contains deadlines for you, and they run from the day it is served.
- Termination.The landlord ends the lease, for arrears, Eigenbedarf or another reason.
- Lawsuit served.The court sends the claim with deadlines and a notice of what happens if you miss them.
- Your response.Within the time set by the court you say whether you defend yourself and then give your reasons.
- Hearing and judgment.The court may order you to leave and can, on your application, grant a Räumungsfrist.
- Enforcement.If you do not leave, the landlord instructs a Gerichtsvollzieher, who sets the eviction date.
Under § 276 ZPO the court may ask you to announce within two weeks that you will defend the case, and to answer the claim within a further period of at least two weeks. If you miss those deadlines a default judgment against you becomes possible, and the deadline to object to one is two weeks from its service (§ 339 ZPO). Read the letter on the day it arrives and write every date in your calendar.
Contact Frankfurt’s Help Offices the Same Week
Do not treat the court as the only address. The City of Frankfurt tells people to react fast, and names who handles what.
- Mietrechtliche Beratung at the Amt für Wohnungswesen (Adickesallee 67-69, appointments and phone advice 069 212-34711). The city says to use it even if a lawsuit is pending or a judgment exists, unless you have a lawyer, to check whether the termination was lawful. It is free for people living in Frankfurt whose monthly household net income is at most 2,150 euros plus 650 euros per further household member, and it does not advise people who already have legal representation.
- Hilfen zur Wohnungssicherung in the Sozialrathaus Gallus, Rebstöcker Straße 8, 60326 Frankfurt, with appointments through the Bürgertelefon 069 212-38189. The city page lists as reasons to call: rent arrears, terminations for arrears, bad conduct or Eigenbedarf, a notice from the court about an upcoming eviction lawsuit, a judgment, a Gerichtsvollzieher’s notice of an eviction date, and loss of the flat. It says the first priority is to keep the flat and, if that fails, temporary accommodation under the HSOG may be possible.
- Besonderer Dienst 3 of the Jugend- und Sozialamt for people who have already lost the flat.
- Mieterschutzverein Frankfurt (Eckenheimer Landstraße 339, phone 069 5601057-0). If you consider joining, ask in writing whether any legal protection cover would apply to a dispute that already exists.
The city’s overview page on threatened loss of a flat also asks you to register with the municipal housing mediation as a person looking for a flat, in parallel.
The Räumungsfrist in Detail
§ 721 ZPO lets the court, on application or on its own motion, give a tenant of a residential flat a period to move out that is appropriate in the circumstances. The key numbers:
| Step | Deadline | Source |
|---|---|---|
| Ask for the Räumungsfrist | Before the end of the oral hearing on which the judgment is given | § 721 Absatz 1 |
| If the court overlooked the request | The court can correct the judgment, and can suspend enforcement until it decides | § 721 Absatz 1, § 321 |
| Future move-out date, no decision yet | Apply at least two weeks before the move-out day | § 721 Absatz 2 |
| Extend the period | Apply at least two weeks before it ends | § 721 Absatz 3 |
| Total length | Not more than one year from finality of the judgment, or from a later move-out date in it | § 721 Absatz 5 |
| Appeal on the period alone | Sofortige Beschwerde against the judgment or the decision | § 721 Absatz 6 |
| Hardship stop of an eviction date | Apply at least two weeks before the eviction date | § 765a Absatz 3 |
A settlement in court has its own rule. If you agree in a Vergleich to move out, you can ask the Amtsgericht for a period under § 794a ZPO, at the latest two weeks before the move-out day, and the period may not exceed one year from the settlement. Do not sign a move-out date in a settlement without asking whether you need more time, because the application is possible but the deadline is short.
The statute names no list of reasons. It says “den Umständen nach angemessen”. For a family, bring proof for the judge: how many people live in the flat, the children’s schools or Kita places, any illness, and everything you have done to find a new flat, such as applications, viewing emails, the municipal housing registration, and replies from landlords. A judge decides on facts, so a folder with dates is more useful than a general plea.
Other Things That Change the Case
Arrears. If the termination is for unpaid rent, § 569 Absatz 3 Nr. 2 BGB can make the immediate termination invalid if you pay everything due, or a public authority commits to pay it, within two months after the lawsuit becomes pending. See our guide to the Schonfristzahlung in Frankfurt. If you receive benefits, § 22 SGB II lets the Jobcenter take over debts to secure housing, normally as a loan, and requires the court to inform the Träger.
Ordinary termination (Eigenbedarf and others). The hardship clause and the objection under § 574 BGB are a different tool from the Räumungsfrist. § 574b BGB requires the objection in text form, in principle two months before the lease ends, and if the landlord did not inform you in time about the objection, you can still declare it at the first hearing. Our guide to Eigenbedarf in Frankfurt covers it.
Keep paying. While the case runs, keep paying the rent or the compensation for staying on. A court can order security for sums falling due during the lawsuit when an eviction claim is combined with a payment claim (§ 283a ZPO), and a failure to comply can allow an eviction order by injunction in arrears cases (§ 940a Absatz 3 ZPO).
On the Eviction Day
Under § 885 ZPO the Gerichtsvollzieher removes you from possession and puts the landlord into possession. Belongings that are not subject to enforcement are handed to you or a person present. If nobody is there they go into storage at your cost, and are sold if not collected within one month or not paid for within two months. The landlord can limit the order under § 885a ZPO so that the Gerichtsvollzieher only takes possession of the flat and documents what is inside, after which the landlord can remove and store the items, which you can reclaim within a month before they may be sold. Ask in advance which form applies. In either case, collect documents, medication, ID and children’s essentials early.
If you want the eviction date stopped, § 765a ZPO is the route and the two-week limit is strict, except where the reasons arose later or you were prevented without fault.
Step by Step
- Write down the service date and every deadline in the court letter on the day it arrives.
- Call Hilfen zur Wohnungssicherung (069 212-38189) and the Mietrechtliche Beratung for an appointment.
- Answer the court within its deadlines, in writing, even if you intend to move.
- Collect proof: household, children, health, search efforts, payments.
- At the hearing, ask clearly for a Räumungsfrist and say how long you need.
- After the judgment, calendar the end of the period and ask for an extension at least two weeks before it ends.
- If a Gerichtsvollzieher announces a date, decide within days whether a § 765a application is justified and get advice immediately.
- Keep paying the rent or compensation and keep every receipt.
Compliance Note
This guide explains the general framework of the Zivilprozessordnung and the Bürgerliches Gesetzbuch and the Frankfurt help offices as described on their official pages in October 2026. It is not legal advice. Eviction deadlines are short and strict. Speak to a lawyer, the Mieterschutzverein or the city’s advice offices about your own dates.
FAQ & Common Pitfalls
What is the difference between a Räumungsfrist and the time before a termination ends?
A termination ends the lease on a date. If you do not leave, the landlord sues for Räumung, which means moving out and handing back the flat. A Räumungsfrist is time the court gives you after it orders you to leave, so that you are not evicted at once. § 721 ZPO allows the court to grant a period that is appropriate in the circumstances, up to one year in total counted from the date the judgment becomes final, or from a later move-out date named in the judgment. It applies to residential flats, with exceptions in § 721 Absatz 7 for some special leases such as rooms in student and youth residences and for fixed-term leases under § 575 BGB.
When exactly must I ask for the Räumungsfrist?
§ 721 Absatz 1 ZPO says the application must be made before the close of the oral hearing on which the judgment is given. The court can also grant a period on its own motion, but do not rely on that. At the hearing, say clearly that you ask for a Räumungsfrist and explain why. If the judgment orders a future move-out date and the period was not decided, Absatz 2 allows an application at the latest two weeks before the move-out day. Extensions under Absatz 3 must be requested at least two weeks before the period ends.
I got the lawsuit and I cannot afford a lawyer. Do I need one?
At the Amtsgericht, which hears residential lease cases whatever the amount (§ 23 GVG), § 78 ZPO makes a lawyer mandatory only before the Landgerichte and higher courts. You may speak for yourself. A lawyer still helps. If you cannot pay for a process, Prozesskostenhilfe is available under § 114 ZPO if your income is low and the case has sufficient prospects and is not frivolous, and the Amtsgericht Frankfurt am Main issues Beratungshilfe vouchers for a first legal consultation. The city's Mietrechtliche Beratung also says to use it when a lawsuit or judgment already exists, unless you already have a lawyer.
Can the eviction date still be stopped after the judgment?
In rare, severe cases. § 765a ZPO lets the enforcement court stop or suspend an enforcement measure if, after fully weighing the creditor's interests, it would be a hardship incompatible with good morals because of very special circumstances. In eviction cases the application must be filed at least two weeks before the set eviction date, unless the reasons arose later or you were prevented without fault. This is a hardship route and not a normal extension, so a judge must see serious reasons such as a serious illness, backed by documents.
Are my belongings safe if the Gerichtsvollzieher comes?
§ 885 ZPO says the Gerichtsvollzieher removes the debtor from possession and puts the creditor in possession. Movable items that are not subject to enforcement are removed and handed to you or a person present. If nobody is present, they are put in storage at your cost, and they can be sold if you do not collect them within one month or do not pay the costs within two months. The landlord may also limit the order under § 885a ZPO, in which case the Gerichtsvollzieher only takes possession of the flat and documents the visible contents, and the landlord may then remove and store the items, which you can reclaim within one month before they may be sold. Ask the Gerichtsvollzieher which form applies.
What if the lawsuit is about unpaid rent?
Then a separate deadline may save the tenancy. § 569 Absatz 3 Nr. 2 BGB makes the immediate termination invalid if the landlord is paid everything due, or a public authority commits to pay it, within two months after the lawsuit becomes pending. This does not work if a termination within the previous two years was already voided this way. Our guide on the Schonfristzahlung covers it. Also keep paying the current rent or the compensation for staying on, because a court can order security for amounts due during the case (§ 283a ZPO) and non-compliance can lead to an eviction order.
Will the Jobcenter or Sozialamt hear about my lawsuit?
Often yes. § 22 Absatz 9 SGB II and § 36 Absatz 2 SGB XII require the court to tell the local authority when an eviction lawsuit based on rent arrears arrives, unless the lawsuit shows the non-payment obviously does not come from inability to pay. Do not wait for a letter. In Frankfurt, the city's Hilfen zur Wohnungssicherung team in the Sozialrathaus Gallus is the contact for people facing a termination for arrears or an eviction title, and it can help find ways to keep the flat or arrange temporary accommodation under the HSOG if the flat cannot be kept.