Hardship Objection for Tenants in Germany: Negotiation

What is a hardship objection?

As a tenant you can object to a landlord if a modernization or cost allocation causes an unreasonable financial burden. A hardship objection is not an automatic blocking tool but argues to the landlord and, if necessary, to the court that the announced increase or payment endangers your subsistence or adequate living conditions. In practice this refers to modernization notices under the BGB and the related rent increases.^[1]

When is a hardship objection worthwhile?

• Note deadlines (deadline): react promptly after receiving the modernization notice.
• Check amounts (payment): calculate the additional monthly burden precisely.
• Collect evidence (evidence): bank statements, payslips, medical certificates or official notices.

How to structure the hardship objection

A structured hardship objection contains: 1) a brief description of the modernization and the date of the notice, 2) a precise calculation of the additional costs for you as tenant, 3) a statement of personal hardship (e.g. low income, illness, care obligations) and 4) the demand for suspension, reduction or installment payments. Refer to the relevant paragraphs of the BGB for modernizations and tenant rights and state deadlines by which you expect a response.^[1]

Sample outline for a letter

1. Subject: Hardship objection to modernization notice dated [date]
2. Brief description: which measures were announced and what amounts?
3. Calculation: additional monthly burden in euros and supporting documents (rent statements, invoices)
4. Personal reasons: income, marital status, illness, WBS or similar.
5. Demand: suspension/reduction/installments and set a deadline for reply

If the landlord does not respond or refuses, the next step is often a formal statement or initiating proceedings before the competent local court. Jurisdiction and procedural rules are governed by civil procedure regulations.^[2]

Practical tips for negotiations

• Make contact: request a personal meeting and document appointments.
• Make proposals: offer installments or phased increases.
• Send documentation: send copies of evidence by registered mail or email with delivery confirmation.

FAQ

What is a hardship objection?

A formal objection by the tenant to a modernization notice aiming to reduce or postpone the payment obligation.

How long do I have to react?

Once you have received the notice, you should promptly observe deadlines; reply within the period stated in the letter or within a short time, otherwise your negotiating position may worsen.^[1]

Which court is competent if there is a dispute?

For tenancy disputes, the competent local court (Amtsgericht) is usually responsible in the first instance; higher instances are the regional court (Landgericht) and possibly the Federal Court of Justice.^[3]

How-To

1. Collect documents (evidence): lease, statements, bank records, medical certificates.
2. Note deadlines (deadline): record the date of the notice and legal response deadlines.
3. Calculate costs (payment): itemize the monthly additional burden and document it.
4. Draft the letter (form): state hardship, make a request (suspension, reduction, installments) and set a deadline.
5. Contact the landlord (call): seek a meeting and confirm proposals in writing.
6. Check legal remedies (court): if refused, consider legal advice and possible proceedings at the local court.

Help and Support

• Gesetze im Internet – BGB
• Bundesgerichtshof – information on decisions
• Gesetze im Internet – ZPO

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