Blocking Period After Conversion: Tenant Checklist Germany

As a tenant in Germany, you may face a so-called blocking period when apartments are converted into condominiums or otherwise repurposed. This checklist explains in plain language how medical certificates can help argue against the blocking period, which deadlines and formalities matter, and which courts and authorities you can contact. You will receive concrete action steps for the first weeks, advice on documentation, and references to official legal sources and forms so you can assert your rights without legal expertise.

What is the blocking period after conversion?

The blocking period typically applies when a landlord converts apartments into condominiums or pursues other monetization plans. During this time, special termination and conversion rules protect tenants. Legal bases are found in the BGB for tenancy and procedural rules in the ZPO.^[1][2]

How tenants can use medical certificates

• Collect medical certificates that explicitly state the unreasonableness of a move or health-related reasons.
• Request written confirmations from the doctor with date, diagnosis and prognosis clearly noted.
• Photograph and document the living conditions and accessibility if the certificate refers to them.
• Submit certificates within deadlines and record any acknowledgements of receipt.

Practical steps for formal objections

If the landlord expresses termination intentions despite a certificate, document every communication in writing and request a reasoned statement. Consider legal advice and review options such as negotiation, mediation or, if necessary, filing a lawsuit at the competent local court.^[3]

Legal basis and important forms

Key legal sources are the Civil Code (BGB) for tenancy rights and the Code of Civil Procedure (ZPO) for court processes. For financial support with court costs, forms like the application for legal aid (process costs aid) may be relevant.^[1][2][4]

• Application for process cost aid (PKH): Use when you cannot afford court costs; example: submit the application to the competent local court if an eviction suit is pending.
• Application for advisory assistance: For out-of-court legal advice by an attorney for low incomes; often obtained in advance at the local court.
• Lawsuit forms for eviction or declaratory relief: Filed at the competent local court if negotiations fail.

FAQ

Does the blocking period apply throughout Germany?

Basic tenant protections apply nationwide, but specific deadlines and procedures can vary regionally; check local rules at the local court.

Can medical certificates prevent a termination?

Certificates can justify that a move is unreasonable and influence negotiations or court decisions, but they do not guarantee automatic protection from termination.

Where should I formally submit certificates?

Send certificates by registered mail to the landlord and include copies with files for your lawyer or the court.

How-To

1. Step 1: Obtain a medical certificate stating date, diagnosis and specific limitations.
2. Step 2: Send the certificate by registered mail to the landlord and keep a copy.
3. Step 3: Seek legal advice or advisory aid if the landlord does not respond.
4. Step 4: If necessary, file a lawsuit at the competent local court or apply for interim relief.
5. Step 5: Observe deadlines and present all evidence chronologically.

Key Takeaways

• Medical certificates are important evidence but not a guaranteed shield against termination.
• Deadlines and formal submissions are crucial; document everything.
• Use official forms like PKH when needed to pursue court action.

Help and Support / Resources

• BGB: Civil Code §535 ff. - Gesetze im Internet
• ZPO: Code of Civil Procedure - Gesetze im Internet
• Federal Court of Justice (BGH) - Official Site

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official Site
4. [4] Federal Ministry of Justice - Forms and Information