Hardship Objection Checklist for Tenants in Germany

As a tenant in Germany, you may face a hardship objection when modernization costs or a disputed allocation arise. This guide shows you step by step how to document costs systematically, gather evidence and create a clear, family-friendly structure for your objection. It explains which documents are helpful in court or with your landlord, how to observe deadlines and which official forms or authorities you can contact. The goal is that families with limited time can prepare the hardship objection understandably, store proofs securely and assert their rights in tenancy law factually. The examples include phrasing suggestions, tips for photographic evidence and links to official forms as well as indications when a lawsuit at the local court is sensible.

What is a hardship objection?

A hardship objection is a legal objection to the allocation of costs or to a termination when the burden on the tenant would be unreasonable; the basics are found in tenancy law, in particular in the German Civil Code (BGB §§ 535–580a).^[1]

Checklist: Documenting costs

• Photos with date and location (photo) as immediate condition evidence.
• Invoices, receipts and bank statements (receipt) for all payments.
• Written communication with the landlord by e-mail and registered mail (mail) document and copy.
• Witnesses and signed statements: record names and contact details.
• Note deadlines (deadline) and schedule dates for objections or lawsuits.

Forms and authorities

Important official documents include, for example, the German Civil Code for tenancy rights, the Operating Costs Regulation for service charge issues and templates for termination letters or objections, which you can find at the competent local court or the Federal Ministry of Justice.^[1] For legal aid or consultation aid, the appropriate forms are available at the local court; concrete templates and guidance on operating costs can be found in the BetrKV.^[2] For fundamental interpretation questions, relevant BGH decisions on tenancy help.

FAQ

What is a hardship objection?

A hardship objection is the argument that a cost allocation or measure is unreasonable for the tenant; it relies on provisions in tenancy law and can be raised against the landlord or in court.

Which deadlines must I observe?

Respond within the deadlines set by the landlord or court; short deadlines often apply to defect notices and objections, so document immediately and note deadlines.

Which evidence is sufficient for a hardship objection?

Photos, invoices, bank statements, correspondence, witness statements and possibly lease clauses are key evidence.

How-To

1. Document immediately: take photos, note the date and secure all receipts (photo).
2. Inform the landlord in writing: report defects and keep copies by e-mail and registered mail (form).
3. Check deadlines: note all deadlines and schedule dates for response or lawsuit (deadline).
4. Fill out forms: if necessary, apply for legal aid and have authorizations ready (Formular).
5. Consider legal action: if unclear, check whether a lawsuit at the local court is appropriate (court).

Key Takeaways

• Note deadlines immediately and act within the set timeframes.
• Collect photos and documents systematically and in chronological order.
• Use official forms and obtain information from authorities.

Help and Support

• BGB §§ 535–580a: Tenancy law basics
• Operating Costs Regulation (BetrKV)
• Federal Court (BGH) – Tenancy decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Bundesgerichtshof (BGH) tenancy decisions