Alternative Housing: Tenant Rights in Germany
If your flat becomes uninhabitable, renovations are imminent, or the landlord issues a termination under special protection rules, you may be entitled to alternative housing. This article explains for tenants in Germany clearly when you can demand a replacement dwelling, which deadlines apply and which official forms and sample letters help. We name relevant laws such as the BGB (§§ 535–580a)[1], which courts are competent, and give practical steps: documentation, formal requests to the landlord and, if necessary, filing a suit at the local court (Amtsgericht).[3] The goal is to give you clear actions and templates so you can assert your rights without legal jargon.
What is alternative housing?
An alternative dwelling (replacement accommodation) is a temporary or permanent substitute accommodation when the previous flat is not available due to defects, major renovations or a lawful termination. Entitlement can arise from contractual agreements, public-law obligations or court decisions. It is important to distinguish between temporary replacement accommodation and a permanent move.
When are you entitled to alternative housing?
- If the flat is uninhabitable due to significant defects (e.g. no heating, severe water damage) that the landlord does not remedy despite being notified.
- In case of a justified immediate termination by the landlord under protection requirements, for example to prevent homelessness, temporary accommodation may be necessary.
- If a court (Amtsgericht) orders eviction or replacement arrangements, the court or authorities can consider a transitional solution.[3]
- Social law claims (e.g. housing allowance, Wohnberechtigungsschein) can help secure a suitable alternative.
In many cases the local court decides on disputes about replacement accommodation.
Which forms and templates should tenants know?
There is no single nationwide "alternative housing form"; however, the following are relevant:
- Letter to the landlord (sample letter): demand remediation of defects and request a replacement dwelling — example: set a deadline, describe the defect, demand a temporary solution.
- Applications to the municipality for a Wohnberechtigungsschein (WBS) or for emergency accommodation; forms vary by state.
- Filing a suit at the local court under the rules of the ZPO (written complaint according to § 253 ZPO) if the landlord does not provide a solution.[2]
Practical example: You discover mold and no heating. Document photos, notify the landlord in writing with a deadline and request a replacement dwelling within two weeks. If no agreement is reached, you may apply to the local court for a decision.[3]
Keep all rent receipts and damage documentation organized and stored safely.
Step-by-step
- Collect evidence immediately: photos, dates, descriptions, witnesses.
- Send a written sample letter to the landlord with a deadline and request for replacement accommodation.
- Contact the local housing authority or social services if immediate help is needed.
- If necessary, file a suit at the local court and submit all evidence.[2]
Who decides and which courts are competent?
As a rule, the local court (Amtsgericht) is competent for tenancy disputes; appeals may go to the regional court (Landgericht) and revisions to the Federal Court of Justice (BGH). Procedural rules follow the ZPO.[2]
Common mistakes and how to avoid them
- Only complain verbally — always report defects in writing and set deadlines.
- Lose evidence — save photos and documents immediately and back them up.
- Fail to inform authorities or advisory services in time.
FAQ
- When am I entitled to alternative housing?
- You may be entitled if the flat is uninhabitable, the landlord fails to remedy defects, or a court orders replacement accommodation. Check deadlines and report defects in writing.
- How do I demand alternative housing from the landlord?
- Send a formal request with a deadline, describe the defect and demand replacement accommodation or rent reduction. Documentation improves your chances.
- Which deadlines apply?
- Deadlines depend on the case; for defects short deadlines (e.g. 14 days) are common. Court procedures follow the ZPO.[2]
How-To
- Collect evidence (photos, messages, witnesses) of the defect.
- Write a sample letter to the landlord with a deadline and request for replacement accommodation.
- Inform the local housing authority or social services if immediate assistance is required.
- If necessary, file a suit at the local court and present all evidence.[2]
