Alternative Housing & Offer Duty for Tenants in Germany

Many tenants in Germany face the question of whether the landlord must offer an alternative apartment and how you can enforce such an offer or its absence. This guide explains in clear language under which circumstances alternative housing is relevant, which rights and duties follow from the German Civil Code (BGB) and which practical steps tenants can take. You will receive a simple sample letter, tips on documentation and a step-by-step guide for taking matters to the competent local court if necessary. The goal is to enable you as a tenant to assert your rights calmly and avoid unnecessary risks.

When is an alternative apartment relevant?

An alternative apartment typically becomes relevant when the landlord terminates due to personal use, major modernization, or when the apartment becomes uninhabitable. There is no general statutory duty for the landlord to always offer a replacement apartment; often the offer depends on contractual agreements, social-law requirements (e.g., for subsidized housing) or practical negotiation. In many cases it is sensible to ask the landlord in writing for an offer and to set a deadline for a response.^[1]

Rights and duties: What does the law regulate?

Basic tenancy rights are found in §§ 535–580a BGB; there are duties for defect remediation, rent reduction and return of the leased property. If the landlord terminates, the formal termination rules of the BGB apply; civil procedure law is relevant for enforcing an eviction.^[1][2]

How to request an alternative apartment in writing

Compose a short, factual letter asking for a concrete offer of an alternative apartment. Name deadlines, possible key details for the new apartment and propose viewing dates. Request a written confirmation of the offer or a written refusal.

Sample letter (example for tenants)

Sample text you can adapt:

• Dear Ms/Mr [Name], I acknowledge your termination dated [date] and hereby ask you in writing to provide me with a concrete offer for an alternative apartment or to explain in writing why no offer is possible. Please send the offer by [date].
• If possible, please propose viewing dates within two weeks after receipt of this letter.
• I reserve the right to have missing or inadequate offers examined in court; please confirm receipt of this letter in writing.

Which official forms and documents exist?

There is no uniform nationwide "alternative apartment form", but the following official documents and laws are central for enforcement:

• BGB: statutory texts on rent, duties and termination (e.g. §§ 535–580a).
• ZPO: forms and rules for lawsuits at the local court, for example eviction or payment claims.
• Local court (Amtsgericht): competence for tenancy disputes and information on local procedural forms.

Practical example: If the landlord does not make an offer and you want to prevent eviction, you can have the competent local court review measures to avert eviction. The specific lawsuit or application forms are available from the competent local court or its online portal.^[2][3]

How to enforce a missing offer

If negotiations fail, the following steps are common:

1. Collect documentation: letters, emails, photos of the apartment and witness statements.
2. Final demand to the landlord by registered mail with a deadline.
3. If no response: consider filing a lawsuit or application at the competent local court; observe deadlines under the ZPO.
4. Plan for possible costs (court fees, attorney fees) or seek advice from counseling centers.

FAQ

When must the landlord offer an alternative apartment?

There is no general statutory obligation in every case; an offer can result from contract, social-law provisions or individual case decisions. Check your lease and address the landlord in writing.

Is there an official sample letter?

There is no nationwide official form, but you can use your own sample letter and send it by registered mail. If needed, the local court can assist with procedural questions.

How long do I have to act legally?

Deadlines depend on the specific case and civil procedural rules; act promptly and have deadlines checked by an advice center or court.

How-To

1. Step 1: Request a written offer of an alternative apartment with a clear deadline.
2. Step 2: Collect all evidence, photos and communications as proof.
3. Step 3: Seek legal advice from a consumer advice center or tenant association.
4. Step 4: If necessary, file a lawsuit or application at the competent local court.
5. Step 5: Prepare for potential costs and further negotiations.

Key takeaways

• No blanket duty: an offer depends on contract and circumstances.
• Keep documentation orderly: it is central for any dispute.
• The local court (Amtsgericht) is the first instance for tenancy disputes.

Help and Support / Resources

• Local courts (Amtsgerichte): competent courts and contact details
• Laws in the internet: German Civil Code (BGB)
• Federal Court of Justice (BGH): information and decisions

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de