Hardship Care 2025: Tenant Protection in Germany

As a tenant in Germany, a hardship case due to care can prevent an eviction from being enforced immediately or a clearance without review. This text explains in plain language what conditions define a hardship case, which documents you should collect (medical reports, care documents, proof of income) and which deadlines and forms are important. You will learn how to notify your landlord in writing about the hardship case, which applications to authorities or courts can be useful and when the local court or social welfare office is responsible. I also describe which official forms and template letters you can use, how to document deadlines and where to find official information. Keep medical papers, care assessments and communications with the landlord ready to prove the hardship.

What is a hardship case due to care?

A hardship case exists when a termination or threatened eviction would impose an unreasonable hardship on the tenant or a person in the household requiring care. In such cases the court or authority examines whether personal, health or social reasons prevail. Legal principles of tenancy law and procedural rules are relevant here.^[1]

Which proofs and forms do you need?

The more specific your documents, the higher the chance that a hardship case is recognized. Collect medical certificates, care assessments and proof of income and housing need.

• Medical reports and care documents (documents)
• Proofs of income, pension notices and bank statements (document)
• Written notice to the landlord and official forms/template letters (forms)
• Deadlines, e.g. objection deadlines or appointments at the authority (deadlines)

How and when to act: steps for tenants

1. Respond in writing: Send your landlord a formal notification of the hardship case with copies of key documents.
2. Document everything: keep dates, contents of conversations and received letters.
3. Contact the social welfare office or health insurance to check care benefits and advisory services.^[2]
4. If necessary, meet deadlines and file protection applications at the local court; in many cases the local court is competent.^[3]
5. If possible, seek an amicable solution with the landlord, such as deferred payment or support with subsidy applications.

FAQ

What counts as convincing proof for a hardship case?

Above all, medical certificates, care documents, care grade notices and proof of missing alternatives to the residence are considered persuasive.

Can a hardship case permanently prevent a termination?

A hardship case can prevent immediate enforcement of eviction and the court can partially or temporarily suspend the termination; permanent invalidity depends on the individual case.

Who should I contact first?

Contact the social welfare office, your health insurance and inform the landlord in writing. If eviction is imminent, seek quick legal advice or contact the local court.

How-To

1. Step 1: Check deadlines and collect documents (documents).
2. Step 2: Send written notification of the hardship case to the landlord (forms).
3. Step 3: Contact the social welfare office or health insurance about care benefits (help).
4. Step 4: If no agreement, apply for protection at the local court within deadlines (court).
5. Step 5: Keep decisions and evidence organized and observe deadlines.

Help and Support

• BGB § 535 ff. – Tenancy contract basics (help)
• ZPO – Civil procedure rules (help)
• Federal Ministry of Health – Care information (help)

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesministerium für Gesundheit – Pflege
3. [3] Zivilprozessordnung (ZPO)