Hardship Objection for Tenants in Germany – Timely

As a tenant in Germany, a hardship objection can be decisive if a termination or modernization measure seems unreasonable. This guide explains step by step how to structure a hardship objection clearly and factually, which deadlines to observe and which documents are important. I show practical formulations, examples of common situations and how to use official forms. The goal is that you respond in time, protect your rights and resolve conflicts with the landlord constructively. Legal terms are explained simply so you can act confidently without a law degree and contact the competent local court or a legal advisory office if necessary.

What is a hardship objection?

A hardship objection (also hardship case) means that a termination or a landlord's measure is unreasonable for you under the given circumstances. Tenancy rights and duties are regulated in §§ 535–580a BGB, which form the basis for objections.^[1]

When is a hardship objection appropriate?

A hardship objection may be appropriate if the termination or modernization causes particular hardship, such as severe illness, disproportionately high costs, or imminent job loss. Always state and document the specific circumstances that explain the unreasonableness.

How to structure the hardship objection

1. Subject line and date

Start with a clear subject line ("Hardship objection to termination dated [date]"), the date and your contact details.

2. Facts concisely and chronologically

Briefly describe what happened, including dates (e.g. receipt of the termination). Use clear, factual language and refer to attachments.

• Collect evidence such as the lease, termination letter and payment receipts.
• Document defects (photos, reports) if the hardship is caused by the apartment condition or modernization.
• Note relevant deadlines and dates, for example the receipt of the termination.

3. Reasons and legal basis

State the concrete reasons why the measure is unreasonable for you and refer to the applicable statutory provisions.

4. Request and desired outcome

State concretely what you want to achieve (e.g. postponement, withdrawal of the termination or hardship compensation) and propose a deadline for a reply.

Sample text (short)

Dear Mr/Ms [Name], I hereby lodge a hardship objection to the termination dated [date]. Due to [brief reason: e.g. severe illness / impending job loss / unreasonable costs] it is unreasonable for me to vacate within the set deadline. I attach proof: [medical certificate / payslips / cost estimate]. Please respond by [date] and consider a hardship compensation.

Deadlines and sending

A hardship objection should be submitted as soon as possible after receipt of the termination. In many cases, responding within two weeks is advisable so your objection can be considered in further proceedings. Send the letter by registered mail with return receipt or deliver it in person against acknowledgement to prove receipt.

When is the local court (Amtsgericht) competent?

If no agreement with the landlord is reached, tenancy disputes can end up before the competent local court; in higher instances the regional court and the Federal Court of Justice decide.^[2][3]

FAQ

Can I object to a termination for personal hardship?

Yes, if serious personal reasons make moving out unreasonable; document the reasons carefully.

What evidence is most important?

Medical certificates, income statements, benefit notices and cost estimates are often decisive.

How do I send the hardship objection securely?

Send it by registered mail with return receipt or hand it over personally against acknowledgement.

How-To

1. Check the termination date immediately and calculate deadlines.
2. Gather all relevant evidence (medical certificates, payslips, photos).
3. Draft the hardship objection clearly: facts, reasons, request and reply deadline.
4. Contact the appropriate advice centre or legal counsel to confirm your wording.
5. If no agreement is reached, consider the court options at the local court.

Key takeaways

• Documentation and clear chronology are essential for a strong objection.
• Respond quickly to preserve your rights.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection – information on courts and legal remedies
• Federal Court of Justice – case law on tenancy
• Gesetze im Internet – BGB and ZPO

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – decisions on tenancy law — bundesgerichtshof.de