Hardship Due to Care: Tenant Rights in Germany

As a tenant in Germany you often face difficult choices when care is needed in a shared apartment. This guide explains step by step how to prove a hardship due to care with medical certificates and written records, which deadlines and formal requirements apply, and which courts or authorities are responsible. We explain which documents can convince landlords, how to contact the landlord, and which template letters or official applications you should use. The aim is to give you practical steps so you can avert evictions or achieve solutions such as deadline extensions and apartment adjustments. Language remains simple and legal terms are explained clearly.

When is there a hardship?

A hardship may exist if continuing the tenancy would cause significant and unreasonable hardship for the tenant or a person in the household in need of care. Relevant legal bases are found in the tenancy law of the BGB and in procedural rules of the ZPO.^[1][2]

Which proofs help?

• Medical certificate describing care needs, duration and scope (date, signature, stamp).
• Care plan or care documentation, e.g. from outpatient care services.
• Written statements from co-tenants or caregivers that document daily routines and care effort.
• Proofs of contact attempts with the landlord (emails, letters, phone numbers, notes of conversations).

It is important that all documents are dated and the facts are clearly visible. Keep copies and show originals only when necessary.

Forms and official steps

There is no uniform nationwide "hardship form"; however, relevant are template letters to landlords, filings with courts and formal complaint forms under the ZPO if a dispute arises. Use official guidelines when filing complaints or objections at the local court.^[2]

How to submit certificates correctly

Practically, you should proceed in this order: (1) copy and date the certificate, (2) inform the landlord in writing and request an amicable solution, (3) if necessary prepare an extension of deadlines or objection, and (4) examine legal steps. Send important letters by registered mail or deliver them with a receipt.

Sample template: Short cover letter to landlord

• Dear Mr/Ms X, attached is the medical certificate regarding care needs in our shared apartment; we request a meeting to find an amicable solution.
• Include contact details and preferred times for follow-up.

FAQ

Can a certificate immediately prevent a termination?

A certificate can indicate an avoidable hardship and lead to negotiations or judicial review, but it does not guarantee immediate protection from termination; deadlines and circumstances are decisive.

Who decides hardship questions?

In case of dispute, the competent local court decides; in appeals the regional court and possibly the BGH follow in later instances.^[3]

Which deadlines must I observe?

Responses to terminations, objections or lawsuits must be made within the legally prescribed deadlines; missed deadlines can lead to loss of rights. Check every letter promptly.

How-To

1. Collect medical certificates and care documents as evidence and make copies.
2. Inform the landlord in writing (with attachments) and propose concrete solutions.
3. Document all phone calls and appointments as proof of contact attempts.
4. If no agreement is possible, prepare a lawsuit or have a lawyer check which local court is competent.
5. Observe deadlines: respond to termination and court letters within the stated timeframes.

Help and Support / Resources

• Gesetze im Internet: BGB (Tenancy law)
• Gesetze im Internet: ZPO (Civil procedure)
• Bundesgerichtshof – court information

1. [1] Gesetze im Internet: BGB — Bürgerliches Gesetzbuch (Tenancy law)
2. [2] Gesetze im Internet: ZPO — Zivilprozessordnung (Civil procedure)
3. [3] Bundesgerichtshof — official court website