Hardship for Care – Tenant Rights Germany
Many tenants in Germany face the question of whether they can claim special protection from termination when a family member requires intensive care. This article explains in practical terms how you as a tenant can assert a hardship due to care, which proofs help, which deadlines apply and which courts are competent. You will receive simple steps for collecting evidence, guidance on official forms and examples of how to prepare an application at the local court. The aim is to create clarity and provide actionable steps for everyday life so that you can better understand and assert your rights under the BGB in Germany against your landlord. The guide also considers court appointments and practical templates so you feel more confident when dealing with the landlord and the court.[1]
What does hardship due to care mean?
Hardship due to care exists when continuing a tenancy would cause undue hardship for the tenant or a person requiring care. This can apply in cases of serious illness, permanent need for care, or necessary barrier adaptations to the flat. As a tenant you can argue that moving would endanger home care or significantly complicate care.
Rights and obligations of tenants and landlords
- Check deadlines (deadline): Termination and objection deadlines are binding and should be observed.
- Collect official documents (form): Medical certificates, care-grade decisions and attestations are important evidence.
- Keep records (evidence): Diaries, photos and written agreements with the landlord strengthen your case.
- Report defects (repair): For necessary renovations or adaptations the landlord must be informed and may have to consent.
- Court resolution (court): In disputes the local court decides; appeals go to the regional court and the BGH as the highest instance.
Forms and deadlines
There is no unified "hardship application" at the federal level; tenants often use standardized letters such as an objection or a response to a notice of termination. For court proceedings, the forms and applications under the ZPO are relevant; use the forms of your local court or general templates from the justice portal.[2]
- Response to termination (form): A letter in which you reject the termination and set out hardship reasons.
- Observe deadlines (deadline): Submit responses or applications within the periods set by the court or landlord.
- Medical reports (evidence): Care-grade notices or attestations should be current and clearly state the need.
How does a proceeding at the local court proceed?
If the landlord files a suit or an eviction is imminent, the matter will first be heard at the local court. There you must set out your hardship reasons and present evidence. The ZPO governs how claims must be filed and which formalities apply.[2] If a judgment is issued, appeals to the regional court or precedent decisions by the BGH may follow.[4]
FAQ
- Can I prevent a termination because I care for a relative?
- There is no automatic prohibition on termination, but hardship reasons can make a termination ineffective or lead to mitigating decisions if you can prove them.
- Which proofs are most important?
- Medical certificates, care-grade decisions and proof of existing care measures are central.
- Where do I turn in case of an eviction suit?
- Initially to the competent local court; legal advice or a counseling center can be helpful for legal questions.
How-To
- Collect documents (form): Obtain certificates, care-grade decision and proof of home care.
- Organize evidence (evidence): Create a clear folder with dates and short descriptions for each document.
- Observe deadlines (deadline): File responses or applications within the deadlines set.
- Prepare for court hearing (court): Prepare a short chronology and a list of key witnesses or pieces of evidence.
