Apply for Alternative Housing: Tenant Rights in Germany

When can tenants request alternative housing?

If the apartment becomes uninhabitable due to serious defects, modernization, or health hazards, tenants in Germany can apply for alternative housing. It is important to gather evidence: photos, reports of defects to the landlord, medical certificates, or expert opinions can support your claim. Legal bases are found in the German Civil Code (BGB) on duties and defects and in the Code of Civil Procedure (ZPO) for court procedures.^[1][2]

Which documents are decisive?

Collect evidence systematically so that your application for alternative housing succeeds. Relevant documents include:

• Photos and videos that clearly show defects.
• Written defect notifications to the landlord and acknowledgements of receipt.
• Medical or expert certificates in case of health hazards.
• Proofs of additional costs (hotel, transport) after moving out.

Forms, deadlines and responsible authorities

There is no single nationwide authority for "alternative housing"; jurisdictions often lie with the local court (Amtsgericht) for rental disputes and regional authorities for subsidy issues. Also check subsidy and social regulations under the Housing Promotion Act (WoFG) if necessary.^[3][2]

• Request/correspondence to the landlord: Informal, but with a concrete demand and deadline (e.g. 14 days).
• Reminder or lawsuit forms at court: Observe the ZPO procedures, e.g. dunning procedure or filing a lawsuit.
• Applications for social housing (WBS) according to state regulations at the responsible authority.

Practical template – what to include in your letter

Your letter to the landlord should include: date, precise description of defects, enclosures (photos, medical certificate), specific demand (provision of alternative housing or rent reduction) and a clear deadline. Name a realistic deadline, for example 14 days, and state the steps you will take if there is no response.

What if the landlord does not respond?

If no agreement can be reached, you can seek judicial assistance. The local court usually decides on rent defects, eviction suits and compensation claims; a decision can often be appealed. Relevant procedural rules are contained in the ZPO.^[2][4]

FAQ

Can I move out immediately and demand an alternative flat?

You should first demand in writing and set a deadline; in acute health cases an immediate move-out may be justified, document this carefully.

Who pays for the alternative flat?

In principle, the cost issue is determined by negotiation or court decision; if defects are the landlord's responsibility, cost coverage or compensation may be possible.

How-To

1. Gather evidence: photos, notifications, medical and expert statements.
2. Send a written request to the landlord with a deadline (e.g. 14 days).
3. Contact the responsible authority if needed (e.g. for WBS) and seek advice.
4. If necessary, file a lawsuit at the local court and attach evidence documents.

Key takeaways

• Early and complete documentation significantly increases chances of success.
• Set clear deadlines and communicate in writing with the landlord.

Help and Support / Resources

• German Civil Code (BGB) overview
• Federal Court of Justice (BGH)
• Information on court jurisdictions (Justiz)

1. [1] German Civil Code (BGB) – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Housing Promotion Act (WoFG) – gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de