Hardship Objection: Tenant Checklist for Germany

As a tenant in Germany, you often face complex decisions, especially with old apartments and hardship objection issues. This guide explains in plain language what a hardship objection means, which common mistakes occur before signing the contract, and which deadlines, forms and proofs are important. You will receive practical checkpoints, a checklist for viewing and contract review, and tips on how to document evidence and react in a legally secure manner. The goal is for you to better assess defects, modernizations and possible cost allocations and to assert your rights in tenancy law with confidence. Examples show when the local court has jurisdiction and which official forms can be useful. At the end you will find links to official forms and courts as well as a practical step-by-step guide on how to proceed in case of a dispute.

What tenants should watch for

Before signing the contract, tenants should carefully check which modernizations are planned, how costs will be allocated and whether the landlord specifies exceptions for hardship objections. Pay attention to clear deadlines, precise cost breakdowns and formulations on renovation obligations in old buildings. The most important statutory rules for tenancies are in §§ 535–580a BGB^[1].

What is a hardship objection?

A hardship objection protects tenants from unreasonable disadvantages in case of termination or cost allocations if continuation of the tenancy would be unreasonable for the tenant. Practically, a hardship objection can apply if, for example, the tenant's economic situation, illness or advanced age makes moving out hardly reasonable.

Common mistakes before signing

• Unclear agreements on modernization and cost allocation, without exact amounts or payment details.
• Missing or incomplete documentation of defects at handover.
• Ignoring deadlines for objections, hardship claims or termination periods.
• Agreements made only verbally and not recorded in writing.

Checklist before signing

• Check deadlines: note start and end dates for modernization measures and objection deadlines.
• Request a cost breakdown: who pays which costs and how are they allocated?
• Record defects: photos, dates and witnesses.
• Obtain written confirmations: have the landlord confirm agreements on repairs or rent reductions in writing.

Frequently Asked Questions

When does a hardship objection apply?

A hardship objection applies when continuing the tenancy would cause unreasonable hardship to the tenant, e.g. due to illness, advanced age or severe financial difficulties. Generally, you must substantiate and document this.

Which deadlines are important?

Important are deadlines for objections to modernization notices, contract termination periods and deadlines for filing actions at the local court. Procedural rules of the Civil Procedure Code (ZPO) apply to court cases^[2].

Which forms and templates are useful?

Templates for termination letters or objections and claim forms for the local court can be helpful. Official guidance and templates are available from the Federal Ministry of Justice^[3].

How-To

1. Collect documents: lease, handover protocol, photos and communication with the landlord.
2. Check deadlines: note all relevant dates for objection or legal action.
3. Respond in writing: draft an objection or hardship notice and attach evidence.
4. Seek advice early: contact legal advice for an assessment.
5. If necessary, file a claim at the competent local court and include complete documentation.

Help and Support / Resources

• BGB text and information on gesetze-im-internet.de
• ZPO text and procedural rules on gesetze-im-internet.de
• Federal Ministry of Justice (forms and guidance)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice (BMJ) — bmj.de