Alternate housing proof: sample letter for tenants in Germany

Many tenants in Germany face the question of how to properly document an alternate housing arrangement to their landlord and which proofs help in court. This guide explains in practical terms which documents, deadlines and sample letters you can use, how to collect photographic evidence and correspondence, and when the local court (Amtsgericht) becomes competent. We list relevant legal sections in the BGB and procedural notes from the ZPO, present official forms and show a clear sample letter you can adapt. The goal is to give you, as a tenant, clear steps to secure rights, meet deadlines and be better prepared in negotiations or in court if a dispute arises.

What is an alternate housing?

An alternate housing is a replacement accommodation a tenant states when the current flat is unusable due to defects, intolerable conditions or immediate safety needs. Tenants must plausibly explain why the alternate housing is necessary and what costs arise. In legal disputes, courts base their review on documentation and statutory rules, notably provisions of the Bürgerliches Gesetzbuch (BGB)^[1].

Important proofs

• Lease agreement and move-in protocol as documents about the tenancy and condition.
• Photographs of defects with timestamps and descriptions to illustrate the condition.
• Correspondence with the landlord: emails, letters and defect notices (registered post recommended).
• Invoices and receipts for temporary accommodation or moving costs as payment evidence.
• Witness names and contact details if neighbors or tradespeople can confirm conditions.

Sample letter: short and precise

A sample letter helps to state demands clearly. Include date, your address, the affected apartment address, a short description of the defect, the demand (e.g. temporary housing, rent reduction or cost reimbursement) and a deadline for response. Refer to legal bases and attach evidence. Example: "I hereby set a 14-day deadline to name a reasonable alternate accommodation or to assume the verifiable costs."

Which official forms matter?

There is no single nationwide form specifically for declaring an alternate housing. Important official forms to know include:

• Application for legal aid (Prozesskostenhilfe, PKH): used when the tenant needs procedural support; example: applying in case of an eviction suit if finances are limited.
• Forms for filing a claim at the local court (Amtsgericht): depending on the federal state there are local intake forms for civil claims; example: submitting an eviction suit with attachments.
• Application for a housing entitlement certificate (WBS) or housing benefit forms: relevant if long-term uninhabitability requires support for alternative housing.

If you need forms, obtain them via the relevant authority or local court websites. Refer in letters to the applicable legal sections, such as §§ 535–580a BGB for landlord and tenant duties^[1] and procedural rules in the ZPO^[2].

Practical steps for tenants

1. Document defects immediately with date/time and a written defect notice to the landlord.
2. Send a short sample letter with demand and deadline by registered mail or obtain a receipt on delivery.
3. Note deadlines in a calendar and act within the set timeframes.
4. If needed, prepare files for the local court and consider applying for legal aid.

FAQ

Who decides if the alternate housing is reasonable?

The landlord initially decides in negotiations; in disputes the local court (Amtsgericht) assesses reasonableness based on circumstances, costs and comparable offers.

Does stating an alternate housing cost money?

Stating an alternate housing itself costs nothing, but verifiable expenses for replacement accommodation may be refundable if the landlord is responsible.

What deadlines are typical?

Typical deadlines are 14 to 30 days for response or remediation; exact timeframes depend on the defect and urgency.

How-To

1. Collect evidence: lease, photos, invoices and correspondence.
2. Draft and send a concise sample letter with a clear deadline, keeping proof of delivery.
3. Observe deadlines and track responses carefully.
4. If unresolved, submit documents to the local court (Amtsgericht) or apply for legal aid.

Help and Support

• Amtsgericht and court information on Bundesgerichtshof
• Gesetze im Internet: BGB and ZPO (laws & forms)
• Federal Ministry of Justice and Consumer Protection (guidance)

1. [1] §§ 535–580a BGB — Bürgerliches Gesetzbuch
2. [2] Zivilprozessordnung (ZPO) — Verfahrensrecht
3. [3] Bundesgerichtshof (BGH) — Decisions and guidance