Hardship for Care: Tenants Enforce Rights in Germany

For tenants in Germany, an eviction due to housing shortage caused by caregiving responsibilities can be especially stressful. This article explains in clear language what rights you have as a tenant, when care-related hardship may apply and which protective steps are available — from documentation through formal objections to court clarification. You will receive practical advice on which official forms are relevant, how to meet deadlines and which authorities or courts you can involve. The aim is that you can quickly decide which action makes sense and how to use support services without feeling uncertain about legal procedures. Examples show how rent reduction, objections to eviction or housing benefit applications can help. Read the step-by-step guide below to prepare forms and secure deadlines.

What does care-related hardship mean?

Care-related hardship exists when an eviction or moving out would make it impossible to care for the dependent person because of lack of alternatives or strong social reasons. The German Civil Code regulates basic duties of landlord and tenant, such as maintenance and termination protection^[1]. In many cases, a written objection that precisely explains the care need and concrete hardship reasons is useful.

Concrete steps for tenants in Germany

• Documentation: Collect photos, medical reports, expert opinions and contact lists as evidence.
• Observe deadlines: Respond within the specified timeframes and note appointments.
• Objection and forms: Submit written objections and use official templates.
• Repairs and accessibility: Request necessary adjustments to enable caregiving.
• Assess legal action: Timely consider filing a suit at the competent local court.

Which forms and applications are relevant?

Important official steps and forms for tenants in hardship cases include:

• Application for legal aid (Beratungshilfe): Used when you need low-cost legal advice or assistance for court procedures; apply for legal aid at the local Amtsgericht if you have limited income.
• Application for housing benefit (Wohngeld): If caregiving increases financial burden, consider applying for housing benefit with the responsible municipality.
• Written objection to eviction: Draft a clear objection including evidence and deadline information; send by registered mail or deliver with acknowledgement of receipt.

Practical example: A sole caregiver documents medical certificates and submits an objection within two weeks to the landlord; at the same time they apply for legal aid at the Amtsgericht to have the possibility of an eviction suit professionally assessed.

Frequently Asked Questions

When is care considered a hardship?

Care is considered a hardship when eviction or moving out would seriously endanger the care of the dependent person and no reasonable alternative housing is available.

Can the landlord evict because of care?

An eviction is possible, for example for personal use, but it must be proportionate; in hardship cases an objection or lawsuit may be appropriate^[1].

Which deadlines are important?

Pay attention to response deadlines in eviction letters and to statutory time limits for lawsuits at the local court and in civil proceedings^[2].

How-To: How to respond to an eviction due to caregiving

1. Collect evidence: medical reports, certificates, photos and witness statements.
2. Form and objection: Draft a written objection and attach evidence.
3. Secure deadlines: Send letters by registered mail or obtain acknowledgements of receipt.
4. Check financial support: File housing benefit or legal aid applications where appropriate.
5. Court clarification: Consult the Amtsgericht about eviction proceedings and possible urgent remedies^[3].

Help and Support

• [1] German Civil Code (BGB) §535
• [2] Code of Civil Procedure (ZPO)
• [3] Federal Court of Justice (BGH) - Decisions

1. [1] German Civil Code (BGB) §535
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) - Decisions