Tenant Rights: Enforcing Alternative Housing in Germany

If you are offered a different flat in a big city because of modernization, owner occupation or a dangerous living situation, many tenants wonder if and how they can enforce an alternative housing solution. This guide explains in practical terms for tenants in Germany which legal bases apply, which evidence and deadlines matter and which forms are used at the local court or the responsible authority. You will receive concrete action steps, sample letters to the landlord and advice on evidence and involving courts. The goal is that you recognise your rights as a tenant and act confidently without needing complex legal terms. In urgent cases we also name initial contacts and official forms. Use the links to official authorities for further steps.

When do tenants have a claim to alternative housing?

A claim to alternative housing can arise if the flat becomes uninhabitable, modernization measures cause undue hardship or the landlord contractually owes a replacement accommodation. Relevant rules are in the German Civil Code (BGB) on duties and defects of the tenancy agreement.^[1] Crucial are proof of uninhabitability, concrete health or safety risks and, if applicable, contractual promises by the landlord.

• Collect photos of damage or defects
• Document correspondence with the landlord
• Record witness statements in writing

Deadlines and procedure

Acting promptly is important: report defects in writing immediately, set the landlord a reasonable deadline to remedy them and document deadlines precisely. For court actions the rules of the Code of Civil Procedure (ZPO) and the local jurisdiction of the district court apply.^[2]

• Send defect notification in writing immediately and prove receipt
• Set a reasonable deadline (e.g. 14 days) and document it
• In case of health danger act immediately and inform authorities if necessary

Forms, claims and court route

If out-of-court solutions fail, tenants can bring an action at the competent local court or apply for interim measures. Proceedings follow the ZPO; tenancy matters are usually dealt with by the district court. For appeals and fundamental questions the Higher Regional Court or the Federal Court of Justice may decide.^[2][4]

• File a complaint at the district court (statement of claim) — example: tenant requests replacement accommodation
• Apply for an interim injunction in case of acute health risk
• Attach evidence: photos, expert reports, correspondence

Practical steps: sample forms and examples

Specific forms and templates tenants need are usually available at the responsible district court or on official justice websites. Typical forms include: complaint or demand letters to the landlord, statement of claim (civil proceedings) and applications for interim measures. A simple example: a tenant sends a defect notification to the landlord with a deadline, documents unsuccessful consequences and then files a claim at the district court for replacement accommodation (see forms and guidance on the justice portal).^[3]

Frequently Asked Questions

When must the landlord pay for a replacement flat?

The landlord must provide a replacement flat or cover costs only if this is contractually agreed or the flat has become uninhabitable and no alternative solution exists.

Which evidence is most important?

Photos, witness and medical reports as well as written exchanges with the landlord are decisive.

Which court is competent?

In the first instance, tenancy disputes are usually handled by the competent district court; appeals go to the higher regional court.

How-To

1. Gather all evidence: photos, correspondence and witness statements.
2. Send a formal defect notification with a deadline to the landlord.
3. If nothing happens, consider legal action and file a claim at the district court.
4. Prepare evidence for the hearing and, if necessary, for appeals.

Help and Support

• Gesetze im Internet: BGB and laws
• Justice portal: forms and district courts
• Federal Court of Justice: decisions

1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Code of Civil Procedure — Gesetze im Internet
3. [3] Forms at the district court — JUSTIZ
4. [4] Federal Court of Justice (BGH) — Decisions