Offer Duty & Alternative Housing for Tenants in Germany

If your landlord in Germany terminates a tenancy or plans modernization, the question of an alternative flat and the so-called offer duty can be decisive. As a tenant you often must request alternatives in writing, meet deadlines and collect evidence to protect your rights. This guide explains step by step which documents help, how to review offers and which deadlines apply. We also show how to collect court-ready documents, which official forms authorities may require and when the local court intervenes.^[2] The language is plain so that tenants can use concrete actions, practical examples and official sources for Germany.

What does offer duty and alternative housing mean?

The offer duty refers to the landlord's obligation to present a reasonable alternative flat or options when terminating a tenancy or carrying out modernizations; the basis are tenancy obligations in the BGB, especially rules on defects and landlord duties.^[1]

Which records are important?

Collect systematically all documents that show an offer was missing or unreasonable. Pay attention to dates, addresses and clear descriptions.

• Photos of defects with date and time (evidence).
• Emails, letters and formal offers as PDF or printouts (form).
• Handover reports, move-in/move-out records and written refusals (evidence).
• Receipts, invoices or payment proofs for temporary housing and repairs (payment).

Checklist: How to argue with evidence

1. Step 1: Write a brief case summary with date, location and parties involved.
2. Step 2: Attach photos, emails, reports and invoices ordered (evidence).
3. Step 3: Request the landlord's written statement or an offer of alternative housing.
4. Step 4: If no agreement, prepare for court and check the competent local court.

When deadlines run: steps for court

Respond in time: deadlines can be short and correspondence must be complete. For eviction or damages claims the local court is competent; procedural rules are in the ZPO.^[3]

FAQ

What exactly is the offer duty?

The offer duty is not a blanket obligation of the landlord but follows from tenancy duties; circumstances, reasonableness and concrete offers are relevant.

Which deadlines apply for objection or legal action?

Deadlines vary by document; act promptly and check the deadline in the letter or seek legal advice.

What is the role of the local court?

The local court decides first on tenancy disputes, eviction lawsuits and evidence collection.

How-To

1. Collect evidence: photos, emails, reports and invoices (evidence).
2. Draft a clear statement and request the landlord's written response (form).
3. File papers with the local court if necessary or seek advice.
4. Keep copies and prepare an overview for judges or legal advisors.

Help and Support / Resources

• Gesetze im Internet – BGB §535
• Justiz: Gerichte in Deutschland
• Gesetze im Internet – ZPO

1. [1] Gesetze im Internet – BGB §535
2. [2] Justiz: Gerichte in Deutschland
3. [3] Gesetze im Internet – ZPO