Alternative Housing with Certificates: Tenant Rights Germany
Many tenants in Germany wonder whether a medical certificate can allow the use of alternative housing or expand existing protection against termination. This practical guide explains in plain language when certificates can help, what rights tenants have under the BGB and during moves, which official forms are needed, and how to involve the local court. I show how to document certificates correctly, which deadlines to observe, and how to communicate with landlords and authorities professionally. At the end you will find concrete action steps and links to important court and government resources in Germany. Each step includes an example, such as how a sample certificate looks or how to prepare a termination letter.
When does a certificate help?
A medical certificate can be useful when health reasons make using the main apartment difficult or when assignment to an alternative apartment is necessary. Whether the certificate suffices legally depends on whether it is medically plausible and whether it imposes an unreasonable burden on the landlord. Legal foundations are found in the BGB.[1]
Forms and evidence
For a coherent presentation you need concrete evidence and forms. The following documents are particularly important:
- Certificate (original) and certified copies; note date, issuer and suspected condition.
- Correspondence with the landlord (emails, letters, deadlines) and your own sample termination letter or objection if necessary.
- Record deadlines: landlord response periods and court deadlines.
- Photos or expert reports on the condition of the apartment if health is affected by defects.
Procedure in disputes: Local court and eviction actions
If a dispute arises, local courts (Amtsgerichte) are usually responsible; eviction and rent claims follow procedural rules in the ZPO with specific deadlines.[2] A model case typically starts with a written filing; check first whether an out-of-court settlement is possible.
Case law and precedents
Decisions by the Federal Court of Justice (BGH) can provide guidance on how courts assess certificates. Precedents are case-specific and may change over time.[3]
FAQ
- Can a certificate prevent a termination?
- A certificate does not always prevent termination, but it can document problems and create negotiation leverage; check deadlines and respond in writing.
- Which forms do I need specifically?
- Typically the medical certificate, a formal deadline letter to the landlord, copies of the rental agreement and possibly photos or expert reports.
- Do I have to go to court immediately if the landlord refuses?
- Not necessarily; first try written communication and possibly mediation. If no solution emerges, the local court is the next step.
How-To
- Obtain a certificate: schedule an appointment with your doctor and obtain a detailed medical certificate.
- Document: create copies, date records, photos and logs.
- Inform the landlord: send a formal letter or email, set a deadline and keep proof.
- Consider court action: if necessary, evaluate filing a claim at the local court.
