Hardship Objection for Social Housing — Tenants Germany
As a tenant in Germany, it is important to know how a hardship objection for social housing works and when negotiating with the landlord makes sense. A hardship objection can apply if a termination or the end of a social housing contract would cause disproportionately severe consequences for you, such as illness, need for care, or lack of alternatives. This article clearly explains which rights tenants have, which deadlines apply, which forms are needed and how to negotiate calmly with the landlord. Practical examples, relevant authorities and sample forms are listed so you are prepared and can better assess your chances in court or in negotiations.
What is a hardship objection?
The hardship objection is a protection mechanism that allows tenants to argue that a termination or other measures are unreasonable because they would lead to particular hardship. The duties of landlords and tenants in tenancy law are regulated in the German Civil Code (BGB)[1]. For social housing, rules on funding programs and housing entitlement certificates also play a role[2].
When can a hardship objection help?
- In the face of an imminent eviction by the landlord (eviction), a hardship objection can provide protection.
- If a rent increase or additional costs (rent) endanger subsistence, a hardship objection is relevant.
- In case of serious illness or need for care (safety), social protection can outweigh other interests.
Whether the objection succeeds depends on the concrete situation, the evidence and the tenant's conduct. Therefore, collect all evidence immediately, e.g. medical certificates, benefit notices and information about the apartment size.
How to negotiate with the landlord
Negotiating means first: gather facts, formulate a clear request and make a realistic proposal. State how long you need to stay, which alternatives have been checked and what support you need. Offer solutions, such as instalment payments, a temporary extension of the deadline or help searching for another apartment.
- Respond quickly to letters and set deadlines (within 14 days) for your reply.
- Submit formal statements in writing (form) and keep proof of receipt.
- Attach evidence (document) such as certificates, notices and bank statements.
Forms and templates
For negotiations or court disputes, template letters can be helpful: termination notices, objections and applications. The Federal Ministry of Justice provides general information and template texts that you can use as a model[4]. For every statement, pay attention to date, signature and proof of delivery.
Legal steps and jurisdiction
If no agreement with the landlord is possible, local courts (Amtsgerichte) decide many tenancy disputes; appeals go to regional courts (Landgerichte) and the Federal Court of Justice (BGH) handles precedent-setting matters[3]. Before filing a lawsuit, weigh the chances of success and the costs.
Frequently Asked Questions
- Can I present the hardship objection orally?
- In principle yes, but written submissions are much more provable. Keep copies and always confirm agreements in writing.
- Is there a deadline for the hardship objection?
- There is no special statutory deadline for a hardship objection, but response deadlines to terminations and procedural deadlines must be observed.
- Who issues the housing entitlement certificate (WBS)?
- The WBS is issued by the responsible municipal authorities; it affects allocation of social housing.[2]
How-To
- Collect evidence: medical certificates, benefit notices and bank statements (document).
- Draft a written hardship objection or negotiation letter and send it by registered mail (form).
- Set deadlines for replies and propose possible solutions (calendar event).
- Contact the appropriate advisory office or the local court for legal advice (call).
- Consider filing a lawsuit at the local court if no agreement can be reached (court).
