Avoid Alternative Housing Mistakes for Tenants in Germany
As a tenant in Germany, you often face complex formalities when your main flat becomes uninhabitable and the landlord offers alternative housing. This guide explains in plain language which documents you should collect, how to meet deadlines and what rights apply for rent reduction, temporary accommodation and termination. We name common mistakes — such as missing documentation or missed payment deadlines — and show concrete steps to avoid them. The aim is to make you capable of acting: how to organize evidence, contact authorities or courts and use available template forms correctly. All advice refers to applicable German tenancy law and points to official sources for forms and statutes.
What does "alternative housing" mean in practice?
Alternative housing is temporary accommodation the landlord may provide if the main flat is uninhabitable. In such cases accurate evidence is crucial: photos of damage, emails to the landlord, receipts for expenses and proof of temporary lodging or moving costs. Without structured documentation tenants risk not fully enforcing claims for rent reduction or reimbursement.
Practical steps: documentation and deadlines
Follow this quick check to avoid common mistakes:
- Collect evidence (record): Photograph damage, save emails and keep receipts.
- Meet deadlines (deadline): Report defects to the landlord in writing promptly and note deadlines.
- Use forms (form): Use official templates for termination or defect notification, if available.
- Document costs (payment): Keep receipts for temporary accommodation, moving or necessary repairs.
Which legal bases are important?
Your claims and the landlord’s duties arise from the German Civil Code (BGB), in particular the provisions on rent, defects and rent reduction. Read the relevant sections of the BGB §§ 535–580a for details.[1] For formal steps such as terminations or lawsuits there are official templates and guidance from the federal justice ministry you should use.[2] Rental disputes are usually heard first in local courts (Amtsgericht); for legal questions the Federal Court of Justice (BGH) may be decisive.[3]
If it goes to court
If there is an eviction suit or dispute over compensatory claims, evidence and a chronological file are decisive. The local court handles most tenancy matters, and the higher courts handle appeals and precedents. Submit your evidence neatly organized and observe deadlines under the Code of Civil Procedure.
Common mistakes and how to avoid them
- Incomplete evidence (record): Document date, time and circumstances of each defect.
- Missed deadlines (deadline): Note all deadlines and set reminders immediately.
- Wrong forms (form): Use official template letters for defect notifications and termination.
FAQ
- Who pays for the alternative housing?
- Generally the landlord bears costs if the replacement accommodation is necessary due to a defect for which the landlord is responsible; keep all cost receipts.
- Can I reduce the rent?
- Yes, significant defects can justify a rent reduction. The amount depends on the extent of the impairment; document the defect carefully.
- Where can I turn in case of dispute?
- The local court (Amtsgericht) is the first point of contact for legal questions; for precedent issues the Federal Court of Justice (BGH) may be consulted.
How-To
- Collect photos and communications immediately: Collect photos, date and time of damage and all communications to the landlord.
- Use official template letters: Use an official template for defect notification or termination if needed.
- Record deadlines: Note all deadlines and ensure proof of delivery by registered mail or electronically.
- Keep receipts: Keep receipts for temporary accommodation and necessary expenses separately.
Help and Support
- BGB §535–580a (Gesetze im Internet)
- Federal Court of Justice – Decisions on tenancy law
- Federal Ministry of Justice and Consumer Protection (Service)
