Tenant Hardship Objection for Old Buildings in Germany
Many tenants in Germany face the question of how to act in the event of modernization, defects or threats to livelihood in old buildings. The hardship objection is a tool tenants can use to assert exceptional personal or economic hardships. This text explains in plain language when a hardship objection makes sense, which deadlines to observe and which documents tenants should collect. You will receive concrete steps for contacting the landlord, tips on documentation and information about proceedings before the local court. The goal is that you can check your rights from tenancy law in a practical way and act in a structured manner without legal expertise.
What is a hardship objection?
A hardship objection means that a tenant objects to particular hardships, for example because a modernization or termination threatens economic existence or health damage is imminent. The basis is the rules of tenancy law in the BGB, in particular where the interests of tenant and landlord are weighed against each other.[1]
When should tenants use it in old buildings?
The hardship objection is suitable when measures in the old building would be unreasonable for you: impending homelessness, significant health risks due to lack of heating or mold, or when costs are completely disproportionate. Check whether the measure is appropriate and whether an expectation of reasonableness exists.
- Heating fails or insufficient heat supply (health risks).
- Severe mold infestation that makes living space uninhabitable.
- Disproportionate cost participation after modernization.
- Existential threat due to impending termination or high additional costs.
How to structure the hardship objection?
- Check deadlines and determine the start of the deadline; respond within set time limits.
- Collect evidence: photos, written communication, medical certificates, witness statements.
- Send a written defect notice or hardship objection to the landlord; clearly state a deadline.[3]
- If no agreement: consider and file a lawsuit or eviction protection application at the competent local court.[2]
When writing to the landlord, name the facts clearly, describe the specific hardships and set a reasonable deadline for remedy. Note the method of dispatch (drop-off, registered mail) and keep proof of delivery.
Forms and deadlines
There is no single mandatory form for a hardship objection, but helpful sample letters exist from the Federal Ministry of Justice. A "sample termination letter" or a "sample defect notice" helps structure content correctly; use official templates as orientation and adapt them to your case.[3] For court procedures, the provisions of the Code of Civil Procedure (ZPO) apply regarding the complaint, deadlines and service.[2]
Frequently Asked Questions
- Can a hardship objection prevent termination?
- A justified hardship objection can influence the effectiveness of a termination, especially if the termination endangers existence or there is particular need for protection.
- Do I have to go to court?
- Not necessarily: Many cases are resolved through correspondence or mediation, but if no agreement is possible, going to the local court often remains the last step.
- Which evidence is most important?
- Photos, medical certificates, written communication with the landlord and witness statements are crucial.
How-To
- Check deadlines immediately.
- Document defects and collect dated evidence.
- Send a written defect notice or hardship objection to the landlord and set a clear deadline.
- If no solution: prepare a lawsuit and file it at the competent local court.
Key Takeaways
- Observe deadlines: timely response is crucial.
- Documentation is your strongest protection in disputes.
- Written communication creates proof and clarity.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
- Bundesministerium der Justiz (BMJ) – Information and templates
- Federal Court of Justice (BGH) – key rental law decisions
