Hardship Objection in Old Buildings Tenants in Germany

As a tenant in Germany, you can use a hardship objection when modernisation measures in an old building significantly worsen your living situation. Many tenants make formal mistakes: deadlines are missed, damages are not documented, or the wrong authorities are informed. In this article I explain step by step when a hardship objection is possible, which documents and deadlines are important, and how to proceed legally secure. I mention relevant sections of the BGB, competent courts and official forms so you can decide on a sound basis. The language remains easy to understand, with practical tips on documentation, communication with the landlord and preparing a lawsuit at the local court if necessary.^[1]

What is a hardship objection?

The hardship objection allows tenants to object to or contest a modernisation if the measure would be unreasonable. Relevant are the provisions of the Bürgerliches Gesetzbuch (BGB) and concrete circumstances such as health risks, significant financial burden or unreasonable loss of housing.^[1]

Common mistakes and how tenants can avoid them

• Ignoring deadlines: Do not react only after deadlines have passed.
• Failing to document defects and impairments: Photos, dates and witnesses are important.
• Filling out forms incorrectly or incompletely: Pay attention to address, date and concrete details of the measure.
• Underestimating cost consequences: Calculate which additional burdens may arise for you.

Deadlines and form

Set a clear deadline for remedy or objection and document the date. Statutory and procedural deadlines can become important under the Code of Civil Procedure if a lawsuit later follows.^[2]

• Set a deadline: Demand a landlord response within, for example, 14 days.
• Secure evidence: Collect photos, written notices and witness statements.
• Notify in writing: Send defect reports and objections by registered mail or by verifiable e‑mail.

Forms and templates

There are template forms and sample letters from official authorities for many steps. Include date, precise description of the measure, your demand (e.g. suspension of the measure or rent reduction) and attach evidence. Official sources include Gesetze im Internet and guidance from the Federal Ministry of Justice.^[1][4]

• Termination letter / objection template (example: sample letter to the landlord with date and demand).
• Defect protocol: date, time, photo, description; example: "Heating off since 01.11., photo attached".

Legal steps and competent courts

If an out-of-court agreement is not possible, tenants can assert their claims at the local court. Proceedings are governed by the Code of Civil Procedure (ZPO). Before going to court, prepare verifiable documentation and consider legal advice.

• Local court: housing law disputes are usually heard there.
• Prepare evidence: assemble all documents that prove the unreasonableness.

FAQ

When is a hardship objection in an old building possible?

A hardship objection is possible if modernisation measures cause an unreasonable hardship for the tenant, e.g. health risks or existential displacement.

Which deadlines must I observe?

Respond within the deadlines stated in the notice; set a clear deadline for the landlord to remedy the issue and document the start and end of the period.

How-To

1. Collect evidence: photos, dates, witnesses and all written communications.
2. Set a deadline to the landlord and request remedy in writing.
3. Send an objection letter or template form by registered mail if necessary.
4. If needed, file a lawsuit at the local court and present your documentation.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice – guidance and forms
• Information on courts and jurisdictions

1. [1] Gesetze im Internet - BGB
2. [2] Gesetze im Internet - ZPO
3. [3] Justiz - Information on local courts
4. [4] Federal Ministry of Justice - Forms and guidance