Hardship Objection Social Housing: Tenant Rights Germany
As a tenant in Germany, a hardship objection can become important when social housing allocation, termination or the loss of a WBS is threatened. This article explains in plain language how to structure a hardship objection securely: which evidence counts, which deadlines to observe, and which forms or notices are relevant. I describe practical steps for documenting rental and social data, name responsible authorities such as the local court and refer to housing promotion law. The goal is to give you clear options so you can meet deadlines and assert your rights against a landlord or authority. At the end you will find a checklist, sample notes and links to official forms. I also explain how to properly justify an objection and which proofs social offices accept.
What is a hardship objection?
A hardship objection is a legal justification by which a tenant claims special protection against termination, recovery or reallocation of social housing. It often relies on personal hardship, family ties or social distress. Relevant legal provisions are found in the BGB (tenancy law) and housing promotion law.[1][2]
When is a hardship objection appropriate?
A hardship objection is appropriate when enforcement of a measure (e.g., termination or recovery of social housing) would cause disproportionate hardship. Typical cases include serious illness, close family ties, care obligations, or lack of suitable alternative housing.
Which documents and evidence do you need?
- Collect written proofs such as notices, medical certificates, WBS certificate and social benefits notices.
- Attach relevant forms, e.g. applications or objections, in chronological order.
- Create an ongoing log with date, time and short notes of conversations with landlord or authority.
- Receipts for rent, deposit or imminent costs can support the claim of hardship.
Forms and templates — what tenants need
Important forms are often municipal: the application for a Wohnberechtigungsschein (WBS) and local objection/application forms. As an example, the official WBS application process is available on the City of Berlin service site; use the corresponding form from your municipality to apply and attach proofs.[3]
Practical steps to structure the hardship objection
Proceed systematically: check deadlines, document hardship circumstances, file applications/objections in writing and contact the competent local court early if judicial clarification is necessary.[4]
Checklist for the hardship objection
- Check deadlines: objection and appeal deadlines are decisive.
- Prepare an evidence folder: certificates, notices, payment receipts and photos.
- Template letter: submit objection in writing with reasons for hardship.
- Contact authorities: inform housing office or social office early.
FAQ
- What exactly must I explain in a hardship objection?
- You must describe the personal circumstances that justify special hardship and attach appropriate evidence (e.g., certificates, care duties, lack of alternatives).
- Can a hardship objection fully prevent termination?
- A successful hardship objection can delay or prevent a measure, but it depends on the individual case and how the circumstances are weighted.
- Who do I contact with questions about social housing?
- Contact the housing office or social office responsible for your place of residence first; for legal disputes the local court is responsible.
How-To
- Collect: put together all relevant documents and proofs.
- Check deadlines: note objection and appeal deadlines.
- Fill in form: submit objection or application in writing and justify the hardship.
- Contact authority: inform the housing office or social office about the step.
- Court: if necessary, prepare a lawsuit or emergency application at the competent local court.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
- [2] Wohnraumförderungsgesetz (WoFG) — Gesetze im Internet
- [3] Antrag auf Wohnberechtigungsschein (WBS) — Service Berlin
- [4] Zuständigkeit der Gerichte — Justizportal
