Hardship for Care 2025: Tenant Rights in Germany

As a tenant in Germany, you may wonder whether care dependency constitutes a hardship that allows protection against termination or postponement. This article simply explains which legal bases apply, which proofs are helpful and how you as a tenant can proceed step by step if termination threatens. We cover which documents courts and local courts expect, how deadlines should be met and which applications—such as for legal aid—may be useful under certain conditions. The goal is to give you practical actions so you can clearly and well-documented defend your rights as a tenant in a care-related hardship case in Germany in 2025.

What does "hardship" mean in the context of care?

A hardship in tenancy law exists when termination would be unreasonable for the tenant or their relatives because of serious personal or social reasons. In the case of care dependency, this can mean that the apartment is essential for providing care for a dependent person. The decisive factor is the weighing of the landlord's interests against the tenant's special distress.

Legal bases and competent courts

The legal basis for hardship is regulated in § 574 BGB; it describes the tenant's objection to an ordinary termination in cases of hardship.^[1] In addition, §§ 535–580a BGB govern the general rights and duties of contracting parties in rental agreements.^[2] Rental disputes are heard at first instance in local courts (Amtsgerichte); higher instances are the Landgericht and, for fundamental issues, the Federal Court of Justice (Bundesgerichtshof).^[3]

Which proofs help when arguing?

• Medical certificates and care assessments: doctor reports, care level notices, and concrete care orders.
• Care plans and service confirmations: documents from outpatient care providers or the care insurance fund.
• Practical evidence: photos of apartment adaptations, logs of appointments, and cost breakdowns.

How to argue concretely against a termination?

Proceed systematically: collect evidence, explain why relocation or sudden termination would make care impossible or disproportionately difficult, and show which alternatives you have considered. Draft a short, factual letter to the landlord with a deadline for response and indicate that you will consider legal steps if necessary.

• Set a deadline: request clarification from the landlord in writing within 14 days.
• Contact social and care services: ask for support from outpatient care services or the social welfare office.
• Consider legal assistance: secure your position by seeking advice; check eligibility for legal aid if needed.

Example of a short reply letter

Briefly describe the care needs, attach copies of key proofs and request an explanation from the landlord. If you need legal aid, note this early on.

Applications and official forms

There is no single nationwide "hardship form," but useful official applications include:

• Application for legal aid (Prozesskostenhilfe, PKH): if you are financially needy, the court can cover the costs of litigation.
• Applications to the care insurance: notices of care level and cost approvals are important evidence.

Common mistakes to avoid

• Failing to document: missing evidence weakens your argument.
• Missing deadlines: respond within the landlord's time limits and observe court deadlines.
• Not seeking support: use counseling centers and care services early.

FAQ

Can care dependency render a termination invalid?

Care dependency can be a hardship and in individual cases lead to invalidation of the termination or a postponement if the balancing of interests favors the tenant.

Which documents are most important?

Medical certificates, care level notices, proof of care services and concrete cost or moving estimates are central.

What deadlines must I observe?

Respond in writing within the deadline set by the landlord; court proceedings often have short deadlines—also check objection periods under § 574 BGB.^[1]

How-To

1. Collect all medical proofs, care assessments and notices.
2. Send a short factual reply letter to the landlord with copies attached.
3. Contact care services and the social welfare office to document support.
4. Apply for legal aid if necessary to secure legal steps.
5. Prepare for court: the local court (Amtsgericht) is responsible; gather evidence and witnesses.

Help and Support / Resources

• §574 BGB – Hardship (official)
• §§535–580a BGB – Rental law (official)
• Courts and jurisdiction information (justiz.de)

1. [1] §574 BGB – Widerspruch bei Härte
2. [2] §§535–580a BGB – Pflichten und Rechte aus dem Mietvertrag
3. [3] Zuständigkeit der Gerichte (justiz.de)