Hardship Care: Tenant Protection in Germany

What applies to hardship due to caregiving?

If a landlord terminates for personal use or other reasons, caring for close relatives can constitute a hardship. Tenants' rights are legally based on the BGB, especially provisions on duties and termination, as well as civil procedural deadlines and rules.^[1][2]

Which proofs and certificates help?

• Medical certificates stating diagnosis, care needs and expected duration (evidence).
• Care assessments or confirmations from care services with specific times and scope (evidence).
• Proofs of disability, care level or health insurance/social benefits decisions (evidence).
• Correspondence with the landlord, witness statements and photos as supplementary evidence (evidence).

Forms and Deadlines

There is no special federal "hardship form"; often forms such as a civil complaint or an application in the payment order procedure are used. A payment order may be relevant for outstanding payments; a lawsuit at the local court is the normal procedure for eviction claims. Submit written responses and certificates within the deadlines stated in the letters.^[3]

What to do in case of termination or eviction?

1) Respond immediately in writing to the termination, request a precise justification and submit your certificates.

2) Negotiate with the landlord about a postponement or amicable solution; written agreements protect both parties.

3) If no agreement can be reached, prepare a complaint or statement for the local court and, if necessary, seek legal advice.

Frequently Asked Questions

Can a medical certificate provide protection against termination?

A medical certificate can be an important indication of hardship, but it does not automatically prevent termination; courts examine each case individually.

Which deadlines are important?

Response deadlines in the termination letter, objection deadlines and eviction dates are crucial; observe all deadlines carefully.

Where do I turn in case of an eviction claim?

The local court (Amtsgericht) is responsible for eviction claims; the claim is heard and decided there.

How-To

1. Collect medical certificates, invoices and care confirmations (evidence).
2. Write a short, dated letter to the landlord with your reasons and attachments (notice).
3. Note all deadlines and appointments in writing and keep a deadlines folder (deadline).
4. If necessary, submit documents to the local court or respond to an eviction claim (court).

Help and Support

• BGB §§ 535–580a — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Federal Court of Justice — information and decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Information on the payment order procedure and forms — justiz.de