Hardship for Care: Tenant Protection in Germany

As a tenant in Germany, you can claim hardship due to special care needs to resist a termination or social reductions. The core is that medical certificates and continuous documentation show why a move or change of residence would be unreasonable. This guide explains which types of certificates are accepted, how to react within deadlines, what rights apply against the landlord and when the local court can be involved. We describe practical steps, from requesting a sample termination response to preparing for a possible eviction lawsuit, and name official forms and authorities in Germany. The goal is to give you clear actions and examples so you can represent your interests securely as a tenant.

When does a hardship due to care apply?

A hardship exists when, for medical reasons, a change of residence or a termination would be unreasonable for the person in need of care. This can apply in cases of severe care needs, imminent loss of outpatient support or when the apartment is specially adapted for care. Relevant legal bases are found in the German Civil Code (BGB) on tenancy obligations and termination.^[1]

Certificates and evidence

Certificates should clearly explain which care needs exist, what daily assistance is necessary and why moving is medically dangerous or impossible. Possible are certificates from the family doctor, specialists or a public health officer, as well as care assessments.

• Certificate from the family doctor: Description of care needs and concrete limitations.
• Specialist report: Detailed medical assessment for complex illnesses.
• Care level notices: Documentation of care effort and previous assessments.
• Additional evidence: Care diaries, confirmations of outpatient services and photos of apartment adaptations.

Rights, deadlines and court procedures

As a tenant you are entitled to reasonable deadlines and options to object to terminations. If faced with an extraordinary or ordinary termination you should act quickly and, if necessary, file an objection or lawsuit at the local court. Procedural rules for court actions are governed by the Code of Civil Procedure (ZPO).^[2]

• Observe deadlines: Often only a few weeks to respond to a termination.
• Local court: Tenancy disputes are usually heard at the local Amtsgericht.
• Rent reduction & costs: If living conditions are restricted, check whether rent reduction applies.
• Preserve evidence: Collect all certificates, letters and records promptly and make copies.

Forms and templates

There are no nationwide standard "termination objection" forms, but official legal texts and procedural guidance help prepare. For social housing or housing-related claims, rules in the Housing Promotion Act (WoFG) and related regulations are relevant.^[3]

FAQ

Can a certificate automatically prevent a termination?

No, a certificate does not guarantee automatic protection, but it significantly strengthens your argument with the landlord and court.

What if the landlord does not accept the certificates?

Gather additional evidence, obtain a specialist report if necessary and prepare for proceedings at the local court.

Which authority decides conflicts about housing and care?

Tenancy disputes are usually decided by the local court (Amtsgericht); higher instances include the regional court and the Federal Court of Justice.^[4]

How-To

1. Request a certificate: Ask your family doctor in writing for a detailed certificate stating diagnosis and limitations.
2. Collect documentation: Compile care diaries, official notices and photos.
3. Respect deadlines: Reply to terminations within prescribed periods and send evidence by registered mail.
4. Legal action: File a lawsuit or response at the responsible local court if necessary, optionally with a lawyer.

Key Takeaways

• Certificates must clearly explain why relocation is unreasonable for care reasons.
• Complete documentation makes defense in court easier.

Help and Support

• Local Amtsgericht (local court) — competent for tenancy disputes and eviction cases.
• Federal Ministry of Justice — information on laws and procedural guidance.
• Gesetze im Internet — full legal texts (BGB, ZPO, WoFG) for legal orientation.

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Wohnraumförderungsgesetz (WoFG) — gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) — bundesgerichtshof.de