Proving Alternative Housing: Tenant Guide Germany

Many tenants in Germany face the question of how to formally prove alternative housing, for example after a termination, due to defects, or when the main apartment is uninhabitable. This text explains in plain language which deadlines apply, which evidence and forms are typically required, and how to collect proof. I also outline which courts are responsible and how a sample letter can look. The tips help you act quickly and calmly, meet deadlines and prepare necessary documents so you can assert your rights as a tenant alone or with legal help. Read the step-by-step instructions and the FAQ below.

What does “proving alternative housing” mean?

"Proving alternative housing" means that a tenant demonstrates that they are temporarily living in another accommodation — for example because the main apartment is uninhabitable due to significant defects or because a transitional solution is needed after a termination. Relevant regulations on the tenancy agreement and rent reduction can be found in the BGB, especially the provisions on landlord obligations and rent reduction.^[1]

Important steps

• Check deadlines immediately, for example for defect notifications or eviction deadlines.
• Collect evidence such as photos, protocols and witness statements.
• Complete required forms and send proof in a verifiable way, e.g. by registered mail.
• Document all payments, rent reductions or offsets in writing.
• Inform the competent local court if you fear a lawsuit or eviction.^[2]

Forms and templates

• Lawsuit form / templates: For payment claims or eviction suits use the forms from the justice portal and the competent local court; fill in the parties and claims completely.
• Defect notification (written form): No binding federal template required, but send a clear description of the defect with date, photo and set a deadline.

How-To

1. Collect evidence: photos, date/time, witnesses and defect protocols.
2. Notify the landlord in writing and set a clear deadline for remedy.
3. Document service (e.g. registered mail) and note deadlines.
4. Seek legal advice or tenant counseling if needed.
5. If no solution occurs: file a lawsuit at the competent local court and present your evidence.^[2]

FAQ

Can I prove alternative housing if my apartment is uninhabitable?

Yes. If the apartment is uninhabitable, you can temporarily use alternative housing and assert damage mitigation or rent reduction; check the legal basis in the BGB and document defects carefully.^[1]

How quickly must I act when a defect occurs?

Act immediately: report the defect in writing, set a reasonable deadline and send the notice in a verifiable manner. Deadlines are important so that rights are not lost.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
• Justizportal - Information on Courts - justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Justizportal - Zuständige Gerichte - justiz.de