Caregiving Hardship: Proof for Tenants in Germany

Many tenants in Germany face the question whether a caregiving obligation in the household is recognized as a hardship and how this affects protection against termination or eviction. This article clearly explains which documents (medical certificates, care documentation, care contracts) are often sufficient, how to collect proof systematically and which deadlines and courts are relevant in disputes. The goal is to support tenants practically: from drafting an objection to submitting documents to the local court. Legal terms from tenancy law are briefly explained so you can decide confidently when a hardship exists and which steps are sensible now. Practical templates and guidance on official forms help present evidence in an orderly way.

What counts as proof?

For recognition of a caregiving hardship, concrete, dated and verifiable documents are important. Typical proofs are:

• Medical certificates with diagnosis, issue date and signature
• Care assessments or notices of care level classification
• Care documentation and care contracts showing scope and duration of care
• Proof of reduced working hours or income loss, e.g. employer certificate
• Appointment lists, travel logs and photos documenting regular care efforts

Formal steps and deadlines

If you receive a termination, you should respond within the stated deadlines. Often, a timely objection in writing to the termination, supplemented by collected proof, is advisable.

1. Check the termination deadline and respond immediately in writing with an objection and justification
2. Collect all relevant documents in copies and create a table of contents
3. Request missing certificates or notices from doctors and authorities in writing
4. Submit the documents to the competent local court if necessary or present them to your lawyer

Official forms and templates

There is no single nationwide "hardship" form, but relevant official sources and forms include:

• Objection to termination under the statutory provisions of the BGB^[1]
• Information on the jurisdiction of local courts for tenancy disputes and guidance on complaint forms^[2]
• Decisions and precedent cases of the Federal Court of Justice (BGH) clarifying hardship issues in tenancy law^[3]

Practical example: Submit a letter to the landlord within the termination period briefly describing the caregiving duty and attach copies of medical certificates and care documentation. At the same time, prepare the documents so they can be presented to the local court if required.

Court procedure and jurisdiction

Disputes about termination and hardship in tenancy law are usually heard first at the local court. Appeal goes to the regional court, and clarifying decisions may come from the Federal Court of Justice (BGH).

• Local court: first instance for tenancy disputes
• Regional court: appellate instance
• Federal Court of Justice (BGH): highest instance for legal questions

FAQ

What exactly is a "hardship" due to caregiving?

A hardship exists when ending or terminating the tenancy would have unreasonable consequences for the tenant, for example because they must permanently care for persons in need of care; the legal basis and case-by-case assessment are guided by the BGB.^[1]

Which proofs are most persuasive?

Medical certificates, care level notices, care contracts, employer certificates about reduced working hours and carefully kept care logs are considered particularly persuasive.

Who should I contact if the landlord does not accept the proofs?

You can file an objection and, if necessary, bring a lawsuit at the competent local court; legal advice or representation may be advisable.

How-To

1. Collect immediately all relevant proofs: certificates, care documentation and notices
2. Draft a short written objection to the termination and attach copies of the proofs
3. Contact the competent local court or an advice centre to clarify deadlines and possible forms
4. Submit documents within set deadlines and document the dispatch
5. Prepare a lawsuit if necessary or hand the documents to legal counsel for court representation

Help and Support / Resources

• BGB §574: Widerspruch des Mieters gegen die Kündigung
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] BGB §574: Widerspruch des Mieters gegen die Kündigung
2. [2] Bundesministerium der Justiz: Informationen zu Gerichten und Verfahren
3. [3] Bundesgerichtshof: Entscheidungen und Pressemitteilungen