Alternative Housing & Offer Duty: Tenants in Germany
As a tenant in Germany, you often face decisions about alternative housing, proofs and the so-called offer duty of the landlord. This guide provides practical tools, templates and a step‑by‑step checklist so you can document medical notes, forms and deadlines correctly. I explain in plain language which proofs a landlord may require, how to evidence an alternative dwelling and when administrative steps or a visit to the local court may become necessary. The guidance follows the BGB and current procedural rules, is written specifically for tenants and aims to help you act legally and transparently, avoid conflicts and assert your rights in tenancy law.
What does the offer duty and alternative housing mean?
The offer duty describes situations where a landlord must provide alternative housing or otherwise ensure replacement, for example when an apartment is uninhabitable or during necessary modernizations. Legal foundations are in the Civil Code (BGB), especially regarding landlord duties and tenant rights.[1]
Important proofs and evidence
If you want to prove an alternative housing claim or entitlement to replacement, clear, dated evidence is crucial.
- Medical notes (doctor certificates) as proof for health reasons.
- Forms and written offers for alternative housing from the landlord.
- Photos and protocols of defects, measurements and appointments.
- Deadlines, cure notices and delivery receipts for submissions.
- Correspondence with authorities or courts in escalated disputes.
Forms, templates and practical procedure
For many steps there are official or established templates: for example termination letters, objections or damage reports. As a practical example, a standard termination letter is often used as orientation (template sources are available on official ministry sites).[2] Complete forms fully, attach medical notes as PDFs or copies and document delivery or dispatch by registered mail.
- Termination letter (template) – use only if termination is actually intended.
- Medical certificates – clearly state the restriction and issue date.
- Handover protocol – note date, time, participants and observed defects.
If the dispute goes to court
If an out-of-court solution fails, local courts (Amtsgerichte) are the first instance for tenancy disputes in Germany; higher courts and the Federal Court of Justice (BGH) may decide on legal questions. Inform yourself early about filing deadlines and procedures, and consider legal insurance or advice.[3]
Frequently Asked Questions
- What counts as valid proof for an alternative dwelling?
- Valid proofs include written offers from the landlord, tenancy agreements or third-party confirmations, as well as time-stamped medical notes and protocols.
- How quickly must I respond to an offer request?
- Reply within the stated deadlines or set a short written deadline for submission; otherwise document your actions and, if necessary, submit proof to the local court.
- What role does a medical certificate play?
- A medical certificate can document health reasons and is often decisive when vulnerability or specific protection needs are concerned.
How-To
- Gather all evidence: medical notes, photos, correspondence and offers.
- Inform the landlord in writing and give a deadline for response.
- Submit official forms and proofs to authorities or the local court in time, if necessary.
- Seek legal advice or insurance and prepare a claim if issues remain unresolved.
Help and Support / Resources
- Gesetze im Internet – BGB and other statutes
- Federal Ministry of Justice and Consumer Protection – Service & Forms
- Federal Court of Justice (BGH) – Decisions and principles
