Hardship Objection: Tenant Rights in Germany 2025
As a tenant in Germany, you can respond to a termination letter with a hardship objection if ending the tenancy would impose an unreasonable burden on you. This text explains in clear language when a hardship objection is possible, which deadlines and proofs are important, and how to prepare negotiations with the landlord. You will learn which official forms and documents are relevant, how to document evidence and when the local court (Amtsgericht) becomes the appropriate authority. The goal is to give you concrete steps so you can protect your rights, avoid unnecessary eviction lawsuits and negotiate calmly and well prepared in a dispute. Read the steps for securing evidence, sample wording for letters and notes on court dates.
What is a hardship objection?
The hardship objection is a tenant's response to an ordinary or extraordinary termination by the landlord. It consists of demonstrating that ending the tenancy would cause the tenant a particular, unreasonable hardship. The legal basis lies in the general tenancy provisions of the Civil Code (BGB), which regulate duties and termination rules.[1]
When is a hardship objection possible?
- In cases of serious health problems that make moving impossible.
- In cases of significant financial hardship, for example when no affordable replacement housing can be found.
- When the notice period is so short that moving is practically impossible.
Detailed documentation increases your chances of success in a dispute.
Forms and evidence
There is no single nationwide form exclusively for the hardship objection, but the following documents are practical and often decisive:
- Copy of the landlord's termination letter and the rental agreement as base documents.
- Medical certificates or attestations proving health reasons.
- Proofs of rent payments, bank statements and evidence of delayed housing offers.
Deadlines and preparation
Observe statutory deadlines and respond promptly. In some cases an informal letter suffices; in others, formal pleadings are useful. If a legal dispute is imminent, the local court (Amtsgericht) is usually the competent first instance for tenancy disputes.[2]
- Check the deadline stated in the termination letter immediately and act within that period.
- Contact the landlord early and document all communications.
- Prepare for a possible court dispute and gather evidence.
Respond within the set deadlines to avoid legal disadvantages.
How to structure the hardship objection
A clearly structured hardship objection helps make your situation understandable. Recommended framework:
- Introduction: state the termination letter, date and briefly describe your situation.
- Evidence: list and attach medical certificates, bank statements and important documents.
- Justification: concretely explain why the termination is unreasonable (health, care, financial reasons).
- Conclusion: propose a solution or request an extension of the deadline or alternative offers.
How-To
- Collect all relevant documents immediately after receiving the termination.
- Draft an informal, clearly structured letter with date, reference to the termination and your reasoning.
- Attach copies of the evidence and keep the originals.
- Send the letter preferably by registered mail or deliver it against a receipt.
- If necessary, prepare a response to a lawsuit or a protective brief for the local court and seek legal advice.
Frequently Asked Questions
- Can a hardship objection always prevent a termination?
- No. A hardship objection can influence the validity of a termination if the circumstances make continuation of the tenancy unreasonable, but it is not an automatic bar to every termination.
- What role does the local court play in hardship cases?
- The local court generally decides on eviction lawsuits and can examine the question of unreasonable hardship in the proceedings.[2]
- Should I hire a lawyer?
- In complex cases or pending eviction lawsuits, legal advice is advisable; in simple cases you can often try to negotiate extrajudicially first.
Key Takeaways
- Gather evidence immediately and comprehensively.
- Strictly observe deadlines and respond in time.
- Seek dialogue with the landlord to find an amicable solution.
Help and Support / Resources
- BGB §535 ff. – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof – Official website
