Enforcing Alternative Housing: Tenant Rights Germany
As a tenant in Germany you face many questions when your apartment must be given up or an alternative apartment is proposed. This text explains clearly and practically what tenants' rights are, how to enforce an alternative apartment, which deadlines apply and which forms may be required at the local court. We explain protection against termination, the process for eviction claims, the landlord's role and your duties in case of moving or defects. Concrete action steps, sample letters and tips on evidence collection help you make informed decisions. The goal is that you understand your options and know when to involve the court or seek advice from tenant support services. Simple.
What is an alternative apartment?
An alternative apartment is an offer from the landlord to replace the previous apartment, for example after planned modernizations, because the previous apartment becomes uninhabitable or as part of a termination settlement. Tenants are not automatically obliged to accept any replacement offer; the apartment must be reasonable (size, equipment, rent, accessibility). If in doubt, legal advice or contact with tenant counselling is recommended.
Tenant rights and obligations
Protection against termination and entitlement to replacement
The German Civil Code regulates the obligations of landlord and tenant; in cases of owner occupation or modernization special protection rules limit deadlines and reasons for termination. Read the provisions on contractual obligations and protection against termination to check whether an offer of an alternative apartment is permissible.[1]
Communication and evidence
Documentation is central: collect written offers, emails, photos of defects and all payment receipts. Send formal replies by registered mail when it concerns deadlines and formal declarations.
- Document defects immediately with dates and photos.
- Reply in writing to offers or terminations and keep a copy.
- Observe legal and contractual deadlines carefully.
- Use official advisory services early for assessments.
If it goes to court
If judicial clarification is necessary, the local court (Amtsgericht) is usually competent; on appeal the regional court (Landgericht) and ultimately the Federal Court of Justice may decide. Procedures are governed by the Code of Civil Procedure, especially for eviction claims and enforcement. Deadlines and formal requirements must be strictly observed; missing information or late responses can be detrimental.[2] In proceedings, good documentation and meeting deadlines improve prospects.[3]
Forms and templates
Important official forms that may be relevant include:
- Termination letter / template from the Federal Ministry of Justice (model letters for dispute situations).
- Complaint form for civil proceedings at the local court (civil claim form; pay attention to service and filing rules).
- Evidence lists: rent payments, defect notices, correspondence and photos for proof.
FAQ
- Can the landlord simply impose an alternative apartment on me?
- No. A landlord can make an offer, but tenants must check whether the apartment is reasonable and legally permissible; if in doubt, seek legal advice.
- Which deadlines apply if I reject the alternative apartment?
- Rejection should be made in writing and within any deadline set by the landlord; formal terminations are subject to statutory notice periods and possibly court deadlines.
- Which court decides disputes: local court or regional court?
- In first instance local courts are usually competent; higher instances are regional courts and ultimately the Federal Court of Justice for fundamental legal questions.
How-To
- Document: Immediately collect photos, dates and correspondence about defects and offers.
- Formal reply: Send a formal response to the landlord (registered mail) stating deadlines and conditions.
- Observe deadlines: Set a reasonable grace period for remedying defects before asserting further rights.
- Court action: If necessary, file a claim at the local court (eviction or payment claim) and attach evidence; obtain legal advice.
Help and Support
- BGB: Key provisions on tenancy law
- Federal Ministry of Justice: Information and sample forms
- Federal Court of Justice (BGH): Case law and practice
