Avoid Tenant Errors with Alternative Housing in Germany
As a tenant in Germany, you may face the question, after a termination or modernization measure, whether the landlord must offer an alternative flat and how to respond to such an offer. Many tenants make formal mistakes: missing documentation, failing to meet deadlines, or unclear explanations to the landlord. This article explains clearly when an offer obligation exists, which documents you should collect and how to present your objections factually and with legal certainty. Practical steps are provided, including sample letters, deadlines and tips for court proceedings so you can enforce your rights without unnecessary risk. Emphasis is on clear evidence preservation: photos, emails, handover records and witnesses can be decisive. If necessary, I explain how to prepare a letter to the local court and which legal bases in the BGB help.
What is the offer obligation?
The offer obligation concerns cases where the landlord must or should propose alternative accommodation because of owner occupation, modernization or renovation. Legal bases can be found in the BGB, particularly regarding landlord duties and tenant rights.[1]
Typical tenant mistakes
- Missing written documentation of offers or conversations.
- Failing to meet deadlines or losing sight of response times.
- No copies of emails, handover records or payment receipts.
- Emotional rather than factual reactions to the landlord.
Which documents should you collect?
Collect all evidence supporting your claim: emails, landlord offers, photos of the property condition, handover records and bank statements for rent payments.
- Photos of the flat condition.
- Emails and message exchanges.
- Handover records and witness statements.
- Bank statements, receipts and payment records.
Forms and templates
Important official forms include the "application for legal aid" for out-of-court advice and templates for a complaint in rental disputes. Use forms from the courts or the justice ministry and check required attachments before submission.[3]
Example: Application for legal aid
If you want legal advice, file an application for legal aid at your local court or the responsible office. Attach copies of your documents and describe the facts briefly; this reduces follow-up questions.
Example: Statement of claim
For eviction suits or rent disputes, proceed with a precise statement of claim: briefly state the facts, your demands, list evidence and attach documents. Missing deadlines can limit your claims, so care is essential.[2]
How to argue factually and legally
Always keep the presentation factual: date, time, interlocutor, details of the offer and concrete reasons for rejection or acceptance. Refer to sections of the BGB when relevant and list evidence in your file.
- Record the date of the offer and the exact conditions.
- Attach copies of offers, photos and emails as exhibits.
- Set a short, factual response deadline by registered mail or email.
- Collect witnesses and signed handover records for key exchanges.
FAQ
- Does the landlord always have to offer an alternative flat?
- No. There is no blanket obligation in all cases; the circumstances of owner occupation, modernization and reasonableness matter. Check the individual case and document the offer.
- Which deadlines are important?
- Deadlines can follow from the BGB and the specific correspondence. Respond quickly and set deadlines in writing to strengthen your position.[1]
- What to do with an unclear offer?
- Request a written clarification of the offer and set a deadline for clarification; collect evidence for later steps.
How-To
- Gather: Compile all emails, photos, records and payment slips.
- Set deadline: Send a factual deadline notice to the landlord.
- Advice: Apply for legal aid or seek legal counsel.
- Clarify: File a claim at the competent local court if necessary.
- Prepare: Organize your evidence and a concise case summary.
