Enforcing Alternative Housing with Medical Notes in Germany

Many tenants face the question of whether they can enforce alternative housing with medical notes when health issues arise. This article explains step by step which rights tenants have in Germany, which medical notes may be sufficient, and what to do if the landlord does not cooperate. You will learn when a medical note justifies a rent reduction or a temporary alternative accommodation, which official forms and proofs are useful, and how deadlines and the local court play a role in disputes. The language is simple, practical examples help to classify your situation, and at the end you will find references to official authorities, relevant BGB sections and sample forms. I also list deadlines and practical action steps.

What is an alternative accommodation?

An alternative accommodation is a temporary replacement dwelling when the main apartment is uninhabitable due to health hazards, major defects, or intolerable living conditions. It can be requested if the landlord does not remedy defects in time or quick remediation is not possible.

When does a medical note help?

A medical note can prove urgency if it describes a concrete health risk caused by housing defects. It is crucial that the note clearly links the health risk to the housing situation; this can form the basis for claims for alternative accommodation or rent reduction. Legal foundations can be found in the BGB regarding the landlord's duties and defect remediation.^[1]

Which proofs and forms do you need?

• Medical note as a written document with diagnosis and treatment recommendation
• Photos of mold (mold), water damage or defective heating
• Correspondence with the landlord, invoices and handover protocols
• Informal letter to the landlord with a deadline (notice) requesting alternative accommodation

How does a procedure at the local court work?

If the landlord does not respond, tenants can involve the local court (Amtsgericht) and file a claim for replacement accommodation or a performance claim for remediation or cost coverage. Procedural rules and types of claims are governed by the Code of Civil Procedure; often a prior request with a deadline is recommended before filing a lawsuit.^[2]

How-To

1. Obtain a medical note: consult your doctor and have diagnosis and concrete risks confirmed in writing.
2. Inform the landlord in writing: send a letter with a deadline and request alternative accommodation or defect remediation.
3. Organize an interim solution: contact local authorities or housing offices for temporary assistance and documentation.
4. If necessary, file a lawsuit: submit documents and evidence to the competent local court and describe the health risk.

FAQ

Can a medical note force an alternative accommodation?

A medical note alone does not guarantee alternative accommodation, but it can support the landlord's obligation to provide temporary housing if the apartment is uninhabitable or health is at risk.

Which deadlines must I observe?

Set a reasonable deadline for the landlord to remedy defects; if there is no response, you can consider further steps such as rent reduction or filing a lawsuit.

Where do I submit proofs and forms?

Submit medical notes and proofs to the landlord and keep copies; in a lawsuit, present the documents to the local court.

Help and Support

• Gesetze im Internet: BGB §§535–580a
• Gesetze im Internet: ZPO
• Federal Court (BGH): information on tenancy case law

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1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)