Tenants: Hardship for Care in Germany

If you are a tenant in Germany seeking protection from eviction or termination because of care obligations, this checklist can help. It explains which types of evidence are usually required, which deadlines to meet and how to communicate with your landlord, the local court and authorities. The guidance is aimed at urban areas with tight housing markets where hardship arguments are often most relevant. You do not need legal training: we describe simple steps for documenting care needs, obtaining medical confirmations, filing applications and preparing a defense in tenancy law. We also list official forms such as the application for legal aid (Prozesskostenhilfe) and give examples of practical wording.

What is a care-related hardship?

A care-related hardship exists when continuing the tenancy would be unreasonable for the care-dependent person or the caregiving relative, for example because a move would make care impossible. Rights and obligations in tenancy law are set out in the German Civil Code (BGB) ^[1]. Whether a hardship exists is often decided by the local court in the individual case, supported by case law up to the Federal Court of Justice (BGH) ^[2].

Practical checklist for tenants

• Observe deadlines (time): respond quickly to notices and set appointments.
• Collect evidence (evidence): medical certificates, care reports and photos.
• Document repair needs (repair) if the condition affects care.
• Complete forms (form): apply for legal aid (Prozesskostenhilfe, PKH) or prepare an objection and send it ^[3].
• Contact the court (court): check legal remedies early in eviction cases.
• Seek help (call): contact the social welfare office, advice centers or tenant protection services.

Forms and how to use them

Important forms include the application for legal aid (Prozesskostenhilfe, PKH) for tenants with limited means, a written objection to termination and any medical certificates from your doctor. A practical example: attach a medical confirmation to the objection stating that a move would make necessary care impossible and include proof of rent and utility payments.

Frequently Asked Questions

Can care needs qualify as a hardship against eviction?

Yes, care needs can constitute a hardship if a move would make care impossible; courts typically decide on a case-by-case basis.

Which deadlines do I need to observe?

Respond immediately to the termination, check the deadlines in the notice and file an objection or claim within the stated time limits.

How-To

1. Collect medical certificates and care reports (evidence).
2. Write a clear objection or explanatory letter to the landlord (form).
3. Observe deadlines (time) and submit documents to the court on time.
4. If necessary, apply for legal aid (PKH) and seek judicial clarification (court).

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Information on legal aid (Prozesskostenhilfe) – BMJ

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Federal Court of Justice (BGH) – Decisions
3. [3] Information on legal aid (Prozesskostenhilfe) – BMJ