Hardship Eviction for Care: Tenant Rights in Germany
Many tenants in Germany face the question of whether an eviction for personal use or other reasons can be prevented because care needs create a hardship. This article explains in plain language which legal criteria courts examine, which proofs demonstrate care dependency and how you as a tenant can draft a sample letter. I show practical steps: which forms are important, which deadlines to observe and how to collect evidence. I also name relevant sections of the BGB and explain when an application at the local court is advisable.
What "hardship" means in care cases
Hardship can be recognized when the eviction would cause a tenant or close relatives special, unreasonable hardship. Factors include severe care dependency, lack of alternative housing and imminent health damage. Courts assess each case individually based on circumstances and reasonableness.[1]
Legal basis and competent courts
The relevant provisions are found in the German Civil Code (BGB) on tenancy and in the Code of Civil Procedure (ZPO) for court proceedings. Local district courts (Amtsgericht) typically handle eviction cases; appeals may go to the regional court (Landgericht) and, for fundamental questions, to the Federal Court of Justice (BGH).[1][2]
How to argue: practical steps
- Deadline: Respond immediately to an eviction notice and note all relevant deadlines.
- Form: Request all written evidence from the landlord and gather forms such as medical certificates.
- Evidence: Document care needs with medical findings, care service reports and housing suitability.
- Court: Check whether an objection or a statement to the local court is appropriate.
- Contact: Seek early legal advice or social counseling if necessary.
Sample letter: eviction protection due to care (example)
A short example sample letter to the landlord can look like this. Adjust name, dates and attachments:
Subject: Statement / Objection to eviction due to hardship (care)
Dear Ms./Mr. [Landlord Name],
I hereby contest the eviction dated [Date] and request withdrawal due to a hardship case. Living in my apartment is [Name relative], who is in need of care (care level: [info]). I attach medical certificates and proof of care services. Eviction would impose an unreasonable hardship as no suitable alternative housing is available.
I ask for an extension to seek an amicable solution and offer to explain the situation in person.
Sincerely,
[Your Name]
Which evidence helps?
- Evidence: Medical certificates, care grades, expert reports and care service statements support the need.
- Form: Correspondence with the landlord, bank statements proving rent payments and communication with authorities.
- Repair: Proof of home adaptations (e.g., handrails) can support the indispensability of the dwelling.
Forms and authorities
Relevant forms typically include medical certificates, possible social benefit applications and submission documents for the local court in case of litigation. If unsure, ask the competent local court about required documents.
Häufige Fragen
- Can care needs always prevent an eviction?
- No. It depends on the individual case: severe care dependency, lack of replacement housing and balancing of interests are considered.
- Which deadline matters if I want to file an objection?
- Respond as quickly as possible; there is no universal formal deadline for an objection, but short deadlines apply in court proceedings.
- Where do I submit documents if an eviction lawsuit occurs?
- Documents are submitted to the competent local court; check the court's requirements and bring copies of all evidence.
Anleitung
- Deadline: Read the eviction notice carefully and note the date it was received.
- Evidence: Collect medical certificates, care reports and all relevant documents.
- Form: Draft a sample letter and attach copies of the evidence.
- Contact: Send the letter by registered mail and contact the local court or an advisory center.
- Court: If necessary, file documents with the local court and prepare a statement.
