Alternative Housing on Expansion - Tenants in Germany

As a tenant in Germany you may wonder: do you have a right to alternative housing if the landlord expands or renovates the building? This article explains clearly and practically when such a right can arise, what rights and obligations tenants and landlords have, and how to document deadlines and defects correctly. You will receive concrete wording for written defect notices, advice on communication with the landlord and evidence preservation, as well as the most important courts and laws that apply in tenancy law. At the end you will find a step-by-step guide, frequently asked questions and official links to laws and courts in Germany.

When is there a right to alternative housing?

A right to alternative housing usually arises when the renovation or expansion significantly impairs the use of the rented flat or makes it unreasonable. The severity and duration of the impairment are decisive; health hazards or lack of heating/water can also be relevant. Legal bases include in particular the landlord's duties under the German Civil Code (BGB, §§ 535–580a).^[1]

Which evidence and deadlines are important?

Documentation and deadlines are crucial: report defects in writing, give the landlord a reasonable time to remedy them and keep all receipts. If deadlines pass, further steps up to legal action may be necessary.

• Send a written defect notice to the landlord with date and description.
• Photograph and record damages and disturbances as evidence.
• Set a reasonable deadline for remediation and note the deadline dates.
• If necessary, prepare documents for proceedings at the local court; these courts are responsible for many tenancy disputes.^[2]

How tenants should proceed: practical steps

Proceed in a structured way: inform the landlord, document everything, demand an alternative or rent reduction and review legal options. If the landlord does not react, legal enforcement via the local court may be necessary; special rules apply to urgent proceedings under the Code of Civil Procedure (ZPO).^[3]

1. Draft a clear defect notice with date, description and deadline for remedy.
2. Collect photos, witness statements and invoices as evidence.
3. Respond within the set deadlines and send reminders if no solution is provided.
4. If necessary, check court filing options or seek legal advice.
5. Organize a move if a temporary alternative accommodation becomes necessary.

Forms and templates (official guidance)

There is no uniform nationwide "alternative accommodation form," but official institutions can help for court proceedings and correspondence:

• Written defect notice: no prescribed official form, but include date, location, description and deadline.
• Eviction claim or lawsuit filing: forms and guidance are available at the competent local court.
• Applications for interim relief: forms can be found at regional courts or state justice portals; check your federal state portal.

Frequently Asked Questions

When do I have a right to alternative housing?

You may have a right if the use of the flat is significantly restricted or rendered unreasonable due to the construction work; consider severity and duration.

How do I formulate a defect notice?

Describe the defect precisely, state the date and request a deadline for remediation. Attach photos and invoices.

Which court is responsible?

The local court (Amtsgericht) is responsible for many tenancy disputes; regional courts may be involved for deadline or urgent matters.^[2]

How-To

1. Write a defect notice and send it by registered mail or email with delivery confirmation.
2. Document damages with photos, dates and witnesses.
3. Set a reasonable deadline (e.g. 14 days) for remedy.
4. If there is no response, consult the local court about filing or seek legal advice.

Key Takeaways

• Good documentation strengthens your position more than immediate litigation.
• Observe deadlines carefully to protect your rights.

Help and Support

• Gesetze im Internet (BGB)
• Bundesgerichtshof (BGH) - Decisions and information
• Justizportal: Court information

1. [1] Gesetze im Internet: BGB §§ 535 ff. – Landlord duties
2. [2] Bundesgerichtshof: Information and case law
3. [3] Gesetze im Internet: Zivilprozessordnung (ZPO) – Procedural rules