Hardship for Care: Tenant Rights in Germany

As a tenant in Germany, caring for a relative can constitute a hardship that may allow protection from eviction, postponement, or better alternative solutions. Many tenants wonder which proofs landlords accept, how courts decide in large cities, and what deadlines apply. This text explains in clear language which documents (medical certificates, care contracts, care documentation) are useful, how to collect them, and how the jurisdiction of the local court works. Practical examples show how to justify a care case and which official forms for legal aid or advisory help can assist. At the end you will find an FAQ, a step-by-step guide for gathering evidence, and official links to laws and courts. Read the guidance, act early, and document everything thoroughly.

What is a hardship case for care?

A hardship case exists when continuation of the tenancy would be unreasonable for a tenant due to the need for care. In practice, courts examine whether the obligation to provide care or the health emergency is so serious that an eviction should not be enforced. The legal foundations for tenancy are found in the German Civil Code (BGB) §§ 535–580a^[1], which regulate the contractual relationship and duties.

Which proofs help?

Landlords and courts require concrete evidence. The clearer and more complete the proofs, the higher the chance a hardship is recognized. Useful proofs include:

• Medical certificate and care report (medical proof).
• Care contract or care agreement (document).
• Proof of rent payments, transfers and any arrears (rent).
• Care logs, visit reports and time records of the caregiver (proof).

How do large cities differ?

In large cities, courts may scrutinize cases more strictly because housing is scarcer; at the same time, there are often specialized rulings and advisory services. The local court (Amtsgericht) is competent in the first instance for tenancy disputes, deciding on eviction lawsuits and rent reductions. Information about jurisdiction and procedures can be found with the justice authorities^[2].

Forms and legal steps

If you want to defend yourself, two steps are often important: apply for advisory aid or legal aid (Prozesskostenhilfe) and present your evidence in order. The form "Application for Legal Aid (Prozesskostenhilfe, PKH)" is an official way to get support in court; guidance is provided by the Federal Ministry of Justice^[3]. Example: Ms. S. applies for PKH, submits medical certificates and rent proofs, and thus initially prevents an immediate eviction until the local court decides.

Practical: How to collect proofs

Proceed in a structured way: request written medical certificates, conclude care contracts in writing, keep a payments log and document appointments. Send important letters by registered mail or by email with delivery confirmation and save all receipts.

Frequently Asked Questions

When does care count as a hardship?

When the need for care is so severe that eviction would lead to an existential emergency; decisive are medical findings and concrete care requirements.

Which forms do I need?

Important are applications for legal aid (PKH) or advisory aid and possibly formal objections to evictions; use official forms and submit evidence completely.

Where do I file and who decides?

First instance decisions are made by the competent local court (Amtsgericht); on appeal the regional court (Landgericht) and, in individual cases, the Federal Court of Justice may decide.

How-To

1. Collect all relevant proofs: medical certificates, care plans and payment records (proof).
2. Contact tenant advice or legal help early to clarify deadlines and chances (help).
3. File applications for legal aid or advisory aid and submit them to the competent local court (form).
4. If necessary: submit a response to an eviction notice at the local court and present all ordered evidence (court).

Key Takeaways

• Early and clear documentation makes asserting tenant protection easier.
• Official PKH forms can reduce or avoid legal costs.
• The local court handles initial tenancy disputes.

Help and Support / Resources

• Local courts and jurisdiction — justiz.de
• German Civil Code (BGB) — gesetze-im-internet.de
• Legal aid (PKH) information — Bundesministerium der Justiz

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Information on local courts — justiz.de
3. [3] Information on legal aid (PKH) — bmj.de