Tenant Rights in Germany: Alternative Housing & Offer
Many tenants in Germany face the question of whether they are entitled to alternative housing when their current apartment becomes uninhabitable or extensive renovations are planned. This practical guide explains clearly when tenancy law requires temporary or replacement accommodation, what obligations landlords have when making offers, and how you as a tenant should handle deadlines, forms and evidence. We outline the relevant legal bases, typical steps before court and concrete practical actions—from applying for a housing entitlement certificate to documenting defects. The goal is to give you practical confidence to enforce your tenant rights in Germany without requiring legal expertise. Read the step-by-step instructions below for concrete actions and template letters.
What the Offer Obligation and Alternative Housing Mean
The offer obligation describes situations in which a landlord must propose a replacement or alternative dwelling if the current apartment becomes permanently uninhabitable or unusable due to modernization. The legal bases are found in the tenancy law of the BGB and follow from the landlords duties to maintain the rented property and to respect the tenants legitimate interests [1].
How Tenants Can Assert a Claim to Alternative Housing
If you want to assert a claim for alternative housing, a systematic approach helps: document defects, notify the landlord in writing, set deadlines and prepare legal steps if necessary. Use photos, witnesses and logs to prove damage and impairment.
- Describe the defect or uninhabitability precisely and request an offer from the landlord in writing.
- Set an appropriate deadline to repair or to present an offer for alternative housing.
- Collect evidence: photos, dates, witnesses and damage logs.
- Record costs you incur due to uninhabitability (e.g. temporary accommodation).
Forms, Deadlines and Evidence
There is no single alternative housing form, but the following official applications and templates are relevant: application for a housing entitlement certificate (WBS) at the competent housing office, templates and sample letters from the Federal Ministry of Justice, and if necessary, claim forms for the local court for eviction or declaratory actions. For court actions the rules of the ZPO apply, especially for filing claims and service [2]. Case law of the BGH is often decisive for interpreting landlord obligations [3].
Frequently Asked Questions (FAQ)
- Can I demand alternative housing?
- If the apartment is uninhabitable or its use is severely restricted, tenants may have a claim to replacement accommodation or rent reduction; check the circumstances and document the condition carefully [1].
- Which deadlines apply?
- Set an appropriate deadline for the landlord to remedy the defect or to present an offer; for court measures the deadlines of the ZPO and local court rules apply [2].
- Which forms or templates do I need?
- Apply for a housing entitlement certificate at the housing office, use official sample letters from the Federal Ministry of Justice for correspondence and prepare court documents for the local court if necessary [4].
How-To
- Notify the landlord in writing about defects and request an offer for alternative housing.
- Set a clear deadline and document all responses and appointments.
- Collect evidence: photos, witnesses and receipts for temporary accommodation.
- Apply for a housing entitlement certificate (WBS) at the housing office if social support is relevant.
- Check sample letters from the Federal Ministry of Justice and consider legal advice.
- If necessary, file a claim at the competent local court and present your evidence.
Key Takeaways
- Documentation is central: photos, protocols and cost receipts protect your rights.
- Engage early with the landlord and set deadlines.
- Official forms like the WBS can be relevant for replacement housing.
Help and Support
- Gesetze im Internet: BGB (Legal text)
- Federal Ministry of Justice (BMJ)
- Federal Court of Justice (BGH)
