Hardship for Caregiving: Tenant Rights in Germany

As a tenant in Germany, you may be able to assert a hardship due to caregiving in certain circumstances to obtain protection from termination or a delay of eviction. This guide explains clearly which requirements the BGB provides, which deadlines must be observed, and which official forms you can use. I show practical steps: how to document caregiving needs, how to discuss apartment adjustments with the landlord, and when a lawyer or local court should be involved. Examples and sample forms help you act quickly so tenants can effectively protect their rights against imminent termination, rent reduction claims, or repair problems. It explains which proofs (medical certificates, care documentation) are useful, how deadlines operate under the ZPO, and the role the local court or the BGH can play in a dispute. Use these practical tips to remain able to act as a tenant in big cities and rural areas.

When does hardship apply?

A hardship due to caregiving can apply when ending or changing the tenancy would impose an unreasonable hardship on the tenant or the person in need of care. The court examines the individual circumstances: caregiving effort, lack of alternative care, health risks and financial situation. In concrete legal questions, courts will review the provisions of tenancy law in the BGB.^[1]

Typical criteria

• Deadlines: imminent actions or eviction dates must be documented.
• Finances: an eviction or move that causes unbearable financial strain.
• Evidence: medical certificates, care records and expert reports as proof.

Key steps for tenants

Proceed in a structured way: inform the landlord early, collect evidence and check deadlines. If necessary, submit formal applications or prepare a lawsuit. For court actions, the rules of civil procedure apply.^[2]

• Forms: use official sample forms for lawsuits or applications; the judiciary provides templates.
• Contact: get in touch with tenant organizations or advisory centres early if available.
• Court routes: lawsuits against termination or eviction are generally brought before the local court.

Forms and templates (examples)

Official templates, such as for claims, emergency injunctions or advisory-support applications, can be found in the judiciary's form collections. A practical example: the complaint (civil claim) is used when contesting a termination due to hardship; clearly state your claim, facts and evidence and file the documents at the competent local court. An application for an emergency injunction may be useful if an immediate order is required (for example to prevent eviction dates). Use the official templates to avoid formal mistakes. Official form collection of the judiciary

What to do in case of an urgent termination or eviction threat?

Act quickly: check the termination, document your caregiving situation and prepare a medical certificate about care needs if possible. Objection or a lawsuit should be prepared within the deadlines so that your claims are preserved. In urgent cases, an application for an emergency injunction can provide protection.

Frequently Asked Questions

Can caregiving prevent a termination?

Yes, caregiving can under certain conditions constitute an undue hardship and make enforcement of a termination more difficult; however, evidence is decisive.

Which proofs do I need?

Medical certificates, care documentation, care plans and possibly notices regarding the care level are helpful.

Where do I file a lawsuit?

Civil disputes such as termination protection or eviction lawsuits are usually filed in the competent local court in the first instance.^[3]

How-To

1. Step 1: Immediately document the care needs and collect all medical proofs.
2. Step 2: Create a file with the tenancy agreement, correspondence and evidence.
3. Step 3: Use official forms (e.g. complaint) and file them at the local court.
4. Step 4: Obtain early advice (tenant association, social services, legal advice).

Help and Support / Resources

• BGB §535 ff. – Tenancy provisions (Gesetze im Internet)
• ZPO – Civil Procedure Rules (Gesetze im Internet)
• Federal Court of Justice (BGH) – Case law

1. [1] BGB §535 and following – Tenancy obligations
2. [2] ZPO – Civil Procedure Code
3. [3] Federal Court of Justice (BGH) – Jurisdiction and decisions