Tenant Rights: Alternative Housing & Offer Duty Germany
As a tenant in Germany, the question of alternative housing or the so-called duty to offer can be decisive in big cities when housing is scarce and evictions are threatened. This article explains in plain terms what rights tenants have, when landlords must look for or offer alternatives, and how you can review or reject offers. I describe practical steps, deadlines and evidence you should collect, and name the relevant legal bases such as the BGB and the courts that make decisions. The aim is to give you concrete actions so you can assert your rights confidently and avoid costly mistakes. The guidance is practical and helps with written communication, discussions with the landlord, and court procedures.
What is the duty to offer?
The duty to offer does not always represent a formal statutory obligation, but in certain situations a landlord must examine or propose alternative housing, especially when administrative reasons or social law requirements are involved. Relevant provisions on the tenancy agreement and the transfer of use are found in the BGB, which regulates landlord duties and tenant rights.[1]
Practice: How to argue and gather evidence
If you as a tenant receive or want to request an alternative offer, structured preparation helps. Note dates, collect photos and correspondence, and request offers in writing. Clear documentation strengthens your position with the landlord and in court.
- Check deadlines for responding to or accepting the offer
- Collect the lease, emails, photos and witness statements as evidence
- Request a written alternative offer by letter or email
- Document contacts with authorities or the landlord
Rights under special protection rules in big cities
In many cities additional social factors apply: social housing needs, immediate terminations for owner use, or municipal regulations can affect the situation. For legal actions and eviction suits, the rules of the Code of Civil Procedure (ZPO) are relevant; they set out how claims are filed and court proceedings are conducted.[2]
Important rulings on the interpretation of tenancy law and duties to offer come from the Federal Court of Justice (BGH) and shape the practical application of the laws.[3]
FAQ
- When must the landlord offer alternative housing?
- There is not always a blanket obligation; in individual cases (e.g. public allocation, social protection, temporary modernization orders) the examination or offer of an alternative may be required. Check your specific situation and contact the landlord in writing.
- Can I refuse an offer and still stay?
- Yes, refusal is possible, but the legal assessment often depends on the individual case: appropriateness of the offer, deadlines and evidence matter. Keep written communication as proof.
- Which deadlines matter?
- Pay attention to termination deadlines, response deadlines for offers and deadlines in court proceedings; missed deadlines can create disadvantages.
How-To
- Gather all relevant documents: lease, statements, photos and messages.
- Set clear deadlines for response or objection and make a record.
- Request a concrete written alternative offer and ask for verifiable details.
- Seek legal advice if unsure or contact the local district court for procedural questions.
Key takeaways
- Tenants should document deadlines and written offers precisely.
- Law and case law protect basic housing rights.
- Evidence gathering is crucial for negotiations and court proceedings.
Help and Support / Resources
- BGB §535 — Rights and duties under the tenancy agreement
- ZPO — Civil procedure and court processes
- Federal Court of Justice (BGH) — Decisions and guidance
