Hardship Objection: Tenant Rights in Germany
As a tenant in Germany, you may face a situation where allocation or refusal of a social housing unit threatens your subsistence. The hardship objection provides a legal option to challenge the allocation or WBS decision and to meet deadlines to avoid homelessness or unbearable hardship. This guide explains step by step which deadlines apply, which forms are relevant and how to collect evidence. It is aimed at non-legal readers, shows example wordings, names the competent local courts and refers to official legal sources such as the BGB and the WoFG. This helps you act on time and increase the chance that your housing need is recognized. At the end you will find a short how-to with practical templates.
What is a hardship objection?
A hardship objection is a letter in which you explain that the refusal or allocation of a social apartment would cause an unreasonable hardship for you. The aim is to persuade decision-makers or a court to review the allocation or grant extensions of deadlines. In practice, tenants often point to personal hardships, health reasons or imminent homelessness.
Important deadlines and responsibilities
Deadlines are crucial: many decisions about housing allocation can be challenged within a short time. Note the date of the decision and check the appeal or discussion deadlines stated in the notice. The local court (Amtsgericht) is responsible for civil cases related to tenancy; procedural rules for eviction actions follow the rules of the Code of Civil Procedure.[1][2]
- Check deadlines: Record the date of the notice immediately and mark calendar deadlines.
- Prepare forms: WBS applications, appeal forms and any annexes.
- Gather evidence: documents, photos, medical certificates, social authority notices.
Forms and templates
There is no nationwide standard template for the hardship objection itself; a written, reasoned application is often sufficient. Important official legal bases are the German Civil Code (BGB) and the Housing Promotion Act (WoFG).[1][3] If your case leads to court proceedings, formal requirements of the Code of Civil Procedure apply.
Practical template (short)
Start with date and address, name the notice, describe the hardship (concretely and with evidence) and close with a specific request (e.g., suspension, re-examination). Attach copies of relevant proofs.
How to structure the hardship objection
Structure helps: prepare a cover sheet, a short chronology, a clear description of hardship consequences and a list of evidence. Number attachments and refer precisely to them in the text.
- Cover sheet: Short summary of your request and contact details.
- Chronology: All relevant dates and notices in chronological order.
- Deadlines: Clearly state which deadlines apply and which extensions are requested.
- Competence: Name the competent local court if legal action becomes necessary.
Evidence and communication
Keep originals and make copies. Maintain a simple file list with dates for e-mails, calls and in-person meetings. Send important letters by registered mail or with proof of delivery so you can securely prove deadlines.
FAQ
- What can I do if the WBS application was denied?
- Check the denial notice for reasons, collect evidence and file a hardship objection or appeal within the stated deadline.
- How quickly must I react?
- Act immediately after receiving the notice; many deadlines run within days or a few weeks. If in doubt, act sooner.
- Can courts decide on housing allocation?
- Yes, in disputes the local court can be involved; higher instances such as the regional court or the Federal Court of Justice may decide on legal questions.[4]
How-To
- Check the notice: Note date and deadline.
- Collect evidence: Copy certificates, notices and photos.
- Draft the hardship objection: Briefly state the situation, the hardship and the request.
- Send it: By registered mail or with proof of delivery to the competent office.
- If necessary: Prepare court proceedings or seek legal advice.
Help and Support / Resources
- Gesetze im Internet (BGB, WoFG, ZPO)
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Federal Court of Justice (BGH) Decisions
