Hardship Objection for Tenants in Germany

As a tenant in Germany you can use a hardship objection when termination or eviction of a social apartment would cause unreasonable consequences for you or your household members. This text explains in plain language the conditions, which authorities and forms are relevant, and how to prepare documents for a successful hardship objection. The goal is to give you practical steps so you meet deadlines, secure important evidence and submit objections or statements in time. The guidance is especially aimed at tenants of social housing and shows how to present your situation to the local court and to the landlord.

What is a hardship objection?

A hardship objection is a formal objection in which you explain that ending the tenancy would cause particular hardship. In social housing the aim is to avoid homelessness or loss of important benefits. Legal bases are found in tenancy law of the BGB and in special regulations on housing promotion and social housing.^[1][2]

When can a hardship objection help?

• In case of imminent eviction or eviction lawsuit when substitute housing is not available in time
• For arrears caused by temporary emergencies that can be documented
• When short deadlines make house-hunting impossible or unreasonable
• If loss of the housing entitlement certificate (WBS) would mean loss of funding

Forms and authorities

Submit important forms and applications early to the competent authority. Examples and official guidance:

• Application for a housing entitlement certificate (WBS) – apply at your city or district administration, e.g., via the service portal (example Berlin: application and issuing information).
• Written objection or hardship notice against termination – state your reasons in writing and attach evidence such as medical certificates or social benefit notices.
• Documents: tenancy contract, payment receipts, notices from job center or social services as proof of hardship.

For legal assessment refer to the applicable statutory provisions and cite them in letters to the landlord or court.^[1][2]

Practical preparation steps

1. Collect supporting documents (medical reports, cost estimates, social notices) and make a dated list of contents.
2. Draft the hardship objection as a clear letter, state concrete reasons and attach copies of the evidence.
3. Contact the social office or housing benefits office in advance to clarify support or interim solutions.
4. If an eviction lawsuit is pending, submit the hardship objection as a statement to the local court or file timely objections.
5. Keep an organized file with copies of all correspondence and proof of delivery for your records.

FAQ

What should a hardship objection contain?

The hardship objection should describe the concrete hardship, include evidence and state a deadline and your contact details.

Can I file an objection against a termination?

Yes, you can file a written objection or hardship notice and present it to the landlord and court.

Who handles social housing matters and the WBS?

Issuance of the housing entitlement certificate is handled by local housing authorities or municipal offices.

How-To

1. Gather all relevant evidence and create a chronological list of events.
2. Write the hardship objection as an informal letter with date, signature and reasoning.
3. Send the letter by registered mail or deliver it personally to the landlord and, if appropriate, the court.
4. File a response with the competent local court in case of an eviction lawsuit.
5. Simultaneously check social support options and apply for assistance if necessary.

Help and Support

• Information on BGB §535
• Information on the Housing Promotion Act (WoFG)
• Example: Apply for a WBS in Berlin

1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – WoFG
3. [3] Bundesgerichtshof – Decisions