Hardship for Tenants: Care Checklist Germany

If you are a tenant in Germany and find yourself in a difficult situation because you must care for a relative, hardship rules can help prevent eviction or extend deadlines. This checklist explains clearly which medical certificates, proofs and deadlines are important, how to inform your landlord and what court steps are possible. You will get concrete steps for collecting evidence, applying for legal aid (PKH) and tips for talking to the local court. The guidance is based on relevant laws such as the BGB^[1] and procedural rules of the ZPO^[2].

What to do in a hardship case due to caregiving?

As a tenant, first document the personal situation: scope of care, duration, involved persons and the concrete care needs. Medical certificates, care documentation or confirmations from care services are central proofs. Inform your landlord in writing and ask, if necessary, for an extension of deadlines or changes to the consequences of termination.

Checklist: Documents and steps

• Document medical certificates and the required care needs in writing.
• Inform the landlord in writing about the situation and specify deadlines.
• Make copies of all documents, photos and receipts.
• Complete an application for legal aid (PKH) if you need advice or representation.
• If eviction is threatened, apply for enforcement protection at the competent local court.
• Contact a lawyer or advice center and clarify PKH options.

Which laws and courts are relevant?

Tenancy law is regulated in the BGB, especially the duties of landlord and tenant in §§ 535–580a BGB^[1]. For court actions such as eviction lawsuits, the rules of the ZPO apply^[2]. Tenancy disputes are typically heard at the competent local court (Amtsgericht); for questions of principle the Federal Court of Justice may be involved^[3].

FAQ

What counts as a hardship due to caregiving?

A hardship exists when continuation of the tenancy would be unreasonable for the tenant or the person being cared for, for example because a short-term eviction would endanger necessary care.

Which deadlines must I observe?

Observe termination deadlines in the lease and statutory deadlines; in enforcement proceedings there are also deadlines under the ZPO and court-set timeframes.

Which forms and proofs do I need?

Important documents are medical certificates, care reports, payment receipts and, if applicable, the completed application for legal aid (PKH). Submit copies in communications with landlord and court.

How-To

1. Gather relevant certificates, care plans and receipts.
2. Inform the landlord in writing and attach evidence.
3. Apply for legal aid (PKH) and submit the application to the court if needed.
4. Apply for enforcement protection at the local court if eviction is imminent.
5. Seek legal advice and clarify deadlines with a lawyer or advice center.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – official site

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions and information