Hardship objection: Avoid tenant mistakes in Germany

Many tenants in social housing face a hardship objection when modernization costs or allocation decisions threaten their home. This text explains plainly for tenants in Germany which formal mistakes are common, which deadlines to observe and which evidence courts and authorities expect. You will read practical steps for collecting documents, notes on relevant legal bases such as the BGB and WoFG, and examples of how an application or objection can look. A short example: If your rent increases significantly due to modernization, document invoices and inform the local court if litigation arises. We also explain when a hardship objection can succeed and the role of the local court.

What is a hardship objection?

A hardship objection allows tenants to argue against cost allocation, allocation decisions or termination that the measure causes unreasonable hardship. Especially for modernizations under § 559 BGB, tenants can raise objections if the rent increase or cost allocation threatens their economic existence.^[1]

Common mistakes

• Missing deadlines or responding too late
• Using incorrect or incomplete forms
• Not attaching essential evidence (invoices, payment receipts, WBS)
• Missing or unclear cost breakdown for modernization
• No timely legal advice or contact with tenant advice services

Forms and evidence

Important documents include:

• Housing eligibility certificate (Wohnberechtigungsschein, WBS) – apply at your city or district office; important to prove social housing status and possible exemptions.^[2]
• Invoices and cost estimates for the modernization – include date, service and amount.
• Written objection or hardship application to landlord or authority with date and signature.
• Termination templates (e.g., sample termination letters) – use official templates as orientation if a termination is threatened.^[4]

Practical example: If the landlord passes on modernization costs, prepare a table with dates of work, invoice values and your share. Submit this table with a formal hardship application.

How-To: contest a hardship decision

1. Check deadlines: file objection or application within stated deadlines with landlord or authority.
2. Gather evidence: invoices, payment proofs, WBS, medical certificates or income statements.
3. Draft the hardship application in writing: date, facts, concrete hardship reasons, signature; send by registered mail when deadlines are critical.
4. If necessary: prepare court action and eviction defense at the competent local court; the local court is the first instance for many tenancy disputes.^[3]
5. Seek advice: tenant associations, legal aid or tenancy lawyers can assist with formulation and evidence preservation.

FAQ

How quickly must I act when modernization costs are announced?

You should immediately review the notice and file a written objection or hardship application within the stated deadlines; document all deadlines and delivery.

Is the housing eligibility certificate (WBS) recognized?

The WBS often confirms social funding status and should be attached to the hardship application; rules stem from the WoFG.^[2]

Which court do I turn to in an eviction case?

The competent local (Amtsgericht) is usually the first point of contact for tenancy disputes, such as eviction claims or rent reduction claims.^[3]

How-To

1. Check and document deadlines and their start dates.
2. Collect evidence and attach it in an organized manner.
3. Draft and send the hardship application by registered mail.
4. Prepare for court proceedings at the competent local court if necessary.
5. Contact legal advice or tenant association.

Final thoughts

A factual hardship application with full evidence increases the chance that a cost allocation will be reduced, deferred or avoided. Stay factual, meet deadlines and document every step.

Help and Support / Resources

• BGB: Tenancy law basics – gesetze-im-internet.de
• WoFG: Social housing rules – gesetze-im-internet.de
• Local courts information – Justizportal of the Federal and State Governments

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1. [1] §559 BGB Modernization and rent increases – gesetze-im-internet.de
2. [2] Wohnraumförderungsgesetz (WoFG) – gesetze-im-internet.de
3. [3] Local court information – Justizportal des Bundes und der Länder
4. [4] Sample termination and legal information – Federal Ministry of Justice (BMJ)