Alternative Housing & Offer Duty: Tenants in Germany
Many tenants in Germany face the question of which rights apply when a landlord offers an alternative apartment or when the statutory duty to make an offer applies. This text explains common mistakes made with offers, deadlines and written form in plain language and shows concrete steps for tenants: how to use a template letter, which evidence is important and when to seek legal help. The guidance follows relevant tenancy law provisions and practical examples so you can enforce your rights against the landlord with more confidence.
What it covers: Offer duty and alternative housing
If a flat can no longer be used due to modernization, owner occupancy or serious defects, the landlord may offer an alternative apartment or in certain circumstances be obliged to make an offer. Common formal errors include missing deadline information, unclear cost statements or insufficient description of the replacement flat. Such errors weaken tenants' positions, especially if deadlines are missed or offers are not confirmed in writing.[1]
Typical mistakes and how to avoid them
- Not observing deadlines: Respond within the stated deadlines or set a clear reply deadline.
- No written confirmation: Request the offer and all cost details in writing.
- Unclear ancillary costs or rent amount: Ask for a detailed breakdown of expected costs.
- Missing documentation: Take photos, log defects and keep communication records.
- Technical defects in the alternative flat: Check heating, sanitary and electrical systems before moving or during viewing.
Practical template letter for tenants
A short clear letter helps to meet deadlines and secure evidence. Example contents: request for written confirmation of the offer, deadline to accept, request for exact cost breakdown and note on documentation obligations. Send the letter by registered mail or email with read receipt and keep the delivery records.
When a template letter is especially important
- In case of impending termination: Set written deadlines and request a concrete alternative offer.
- With serious defects: Request temporary accommodation or rent reduction and remediation.
- With contradictory communication: Document every contact and response.
If deadlines lapse: legal steps
Missed deadlines can cost rights. Therefore check immediately which deadline is stated in the offer and which statutory deadline applies. In disputed cases, filing at the competent local court or consulting tenant advice may be useful. Information on procedures and deadlines can be found in the applicable provisions of the Code of Civil Procedure and the Civil Code.[2]
FAQ
- What is the landlord's duty to offer?
- The duty to offer describes situations in which the landlord may be obliged to provide an alternative or information; the legal basis and interpretation are governed by the BGB and case law.[1]
- How do I draft a secure template letter?
- State clearly: acceptance deadline, request for detailed cost breakdown, concrete description of the alternative apartment and request for written confirmation. Send by registered mail or email with read receipt.
- When should I involve the local court?
- If landlords do not provide an adequate solution, deadlines pass or eviction proceedings are involved, the local court is responsible; check advice and evidence beforehand.[2]
How-To
- Read the offer carefully and note all deadlines and cost statements.
- Document condition and defects of the replacement apartment with photos and notes.
- Send a template letter within the deadline requesting confirmation and details.
- Seek legal advice or contact tenant counseling if unsure.
