Alternative Apartment in Germany: Tenant Rights
Many tenants in German big cities face the question of how to secure an alternative apartment when the original flat becomes uninhabitable, too expensive, or the landlord plans renovations. This text clearly explains which rights tenants have in Germany, which deadlines apply and how you can present arguments to the landlord, the local court (Amtsgericht) or the WBS authority. I describe practical steps: documenting defects, formal letters, possible forms and when legal action makes sense. The aim is to give tenants clear, everyday guidance so they feel more confident in negotiations and proceedings and can better protect their housing situation in large cities.
When is an alternative apartment justified?
An alternative apartment may be justified if the dwelling has significant defects that limit usability or if renovation makes living temporarily unreasonable. The landlords duties and tenants claims are set out in the BGB (e.g. rules on defects and rent reduction).[1] Decisive factors are cause, extent and duration of the problem, and whether the landlord offers substitute housing or covers costs.
What to do: Immediate measures
If you see urgent need for action, proceed systematically:
- Document defects immediately with photos, dates and witnesses; keep emails and messages.
- Contact the landlord in writing and request a deadline for remedy.
- Set clear deadlines and extend only if necessary.
- Prepare formal letters (e.g. defect notice or request for alternative housing) and keep copies.
- Secure alternative solutions (friends, temporary accommodation) and clarify cost coverage with the landlord.
Forms and evidence
Important documents and forms you might need:
- Termination letters or reminder templates; use clear phrasing and send by registered mail.
- Application for a Wohnberechtigungsschein (WBS) or guidance on entitlement to subsidised substitute housing, if social housing is relevant.[3]
- Complaint form for the local court, if negotiations fail; check local forms and deadlines.
If negotiations fail: Court and procedure
If no agreement is reached, the local court (Amtsgericht) is the first instance for many tenancy disputes, including eviction suits or compensation claims. Civil procedure law (ZPO) governs deadlines and formal requirements; key BGH decisions shape practice.[2] Before going to court, weigh costs, chances of success and possible interim solutions.
Important: Securing evidence
Keep the following documents ready:
- Photos with dates showing defects.
- Correspondence with the landlord (emails, letters, SMS).
- Witness names or expert reports, if available.
FAQ
- When can I demand an alternative apartment?
- If the usability of the apartment is significantly impaired or living becomes unreasonable, claims for substitute housing or cost reimbursement may arise; check deadlines and case law.
- Who decides on compensation?
- If landlord and tenant cannot agree, the local court decides; for complex legal issues, regional courts and the Federal Court (BGH) may follow.
- Which deadlines matter?
- Set reasonable deadlines for the landlord to fix defects and respond promptly to court mail, otherwise legal disadvantages may occur.
How-To
- Document the defect immediately with photos and correspondence.
- Send a formal defect notice by registered mail and set a deadline.
- Negotiate substitute accommodation or cost coverage and record agreements in writing.
- Secure interim solutions (e.g. temporary housing) and document expenses.
- If necessary, prepare and file a claim at the local court.
Key Takeaways
- Good documentation is often decisive in disputes.
- Formal letters and deadlines structure negotiations and protect rights.
- Local courts decide many tenancy disputes but follow BGH principles.
Help and Support / Resources
- BGB §§535–580a — Gesetze im Internet
- Bundesgerichtshof (BGH) — Decisions
- Housing Promotion Act (WoFG) — Gesetze im Internet
