Hardship for Care: Tenants Enforce Rights in Germany
If caregiving duties within the family lead to a threatened eviction or financial hardship, tenants in Germany need clear steps, evidence and knowledge about deadlines. This article explains how tenants can systematically collect relevant documents, which official authorities and laws matter, and how to assert rights factually and with proof. We give practical examples of which medical certificates, care contracts or payment records count as evidence, how to respond securely to a landlord and when to involve the local court so that hardship reasons can provide protection against eviction or immediate termination.
What is a hardship due to care?
A hardship exists when termination or eviction would cause disproportionate hardship for the tenant or their relatives — for example when a close caregiver must be permanently cared for at home. Relevant legal bases can be found in the German Civil Code (BGB) regarding tenancy rights and duties.[1]
Collecting evidence and proofs correctly
Documentation often decides whether a hardship is recognized. Collect medical certificates, care assessments, care contracts, social law benefit decisions and all payment receipts showing additional costs or special circumstances early on.
- Medical certificates and care assessments: document date, diagnosis and expected care needs.
- Benefit decisions (e.g. care allowance, SGB): keep copies of decisions as proof of recognized care needs.
- Care contracts and agreements with providers: show organizational needs and costs.
- Timelines and logs: create dated entries for care times, appointments and relevant incidents.
Forms, objections and deadlines
Many steps do not have a uniform nationwide form, but official procedures and deadlines under the Code of Civil Procedure (ZPO) are binding if an eviction lawsuit occurs.[2] Important forms may vary by federal state; check the specific templates at the competent local court or justice administration.
- Objection or statement to termination: respond in writing to the landlord in due time and state reasons.
- Court applications (e.g. defense against eviction): if an eviction suit is filed, a defense must be submitted in proper form and on time.
- Observe deadlines: answer correspondence often within a few days and note appeal dates.
Communication with the landlord
Contact the landlord early, explain the care situation factually and offer evidence. Send important letters by registered mail or deliver with a written confirmation.
- Initial contact: briefly and factually describe the situation by email or letter and announce supporting documents.
- Formal statement: send a signed explanation with copies of key documents within deadlines.
When the local court can help
If an eviction suit is filed, the competent local court (Amtsgericht) decides in the first instance; appeals go to the regional court (Landgericht) and the Federal Court of Justice (BGH) for precedent. Proceedings follow the rules of the ZPO, where precise deadlines and formal requirements are crucial.[2]
Häufige Fragen
- Does caregiving automatically qualify as a hardship?
- No, caregiving alone does not automatically qualify; you must demonstrate with evidence that termination would cause undue hardship.
- Which documents are most important?
- Medical certificates, care assessments, benefit decisions (SGB), care contracts and payment records are central.
- Where do I go in case of an eviction suit?
- The competent local court (Amtsgericht) is the first point of contact; find information there on deadlines and required documents.
Anleitung
- Gather all relevant proofs: keep certificates, decisions and contracts with dates.
- Inform the landlord in writing and attach copies of important documents.
- Seek legal advice (tenant association, lawyer) before deadlines expire.
- File a timely and properly formatted defense with the local court if necessary.
Wesentliche Erkenntnisse
- Early documentation is often more decisive than hasty reactions.
- Clear, dated evidence improves outcomes in court.
- Be vigilant about deadlines or you may lose rights.
Hilfe und Unterstützung / Ressourcen
- Bürgerliches Gesetzbuch (BGB) – Gesetzestext
- Zivilprozessordnung (ZPO) – Verfahrensregeln
- Bundesgerichtshof (BGH) – Decisions and guidance
