Tenant Rights Germany: Hardship Objection

Many tenants in Germany encounter the term "hardship objection" and wonder how it affects their protection against eviction, modernization notices or rent increases. This text explains step by step what a hardship objection means, which criteria courts and landlords review, and how you as a tenant can enforce your rights in practice. The language remains simple and is aimed at families and households without legal background. We name relevant deadlines, documents and authorities, show when legal aid is useful, and refer only to official sources for laws and court jurisdictions.^[1]

What is the hardship objection?

The hardship objection is a legal argument tenants can raise when an eviction or contract-changing measure would be unreasonable for them. The assessment is based on personal, economic and social circumstances: age, illness, care obligations, financial burden from modernization or rent increase. Courts apply the principles of tenancy law from the BGB and consider individual precedent decisions of the BGH.^[1][3]

How to check the hardship objection in a structured way

Proceed systematically: collect evidence, calculate financial impacts and note personal reasons that make continuation impossible. Prepare a short, clear presentation of circumstances that the landlord and court can understand.

• Check deadlines: Respond within the deadline set by the landlord or within a reasonable time to preserve your rights.
• Documentation: Gather tenancy agreements, service charge statements, medical certificates, notices and photos as evidence.
• Financial statement: Show exactly how rent or modernization costs affect your household budget.
• Formal statement: Write a short justification of the hardship objection and set deadlines for responses.

When to consider legal counsel or legal aid?

If the other party does not respond or the situation is complex (eviction suit, high claims), seek legal advice. If you have limited financial means, you can apply for legal aid; the ZPO regulates procedures and deadlines for suits at the local court.^[2]

FAQ

Can a hardship objection immediately stop an eviction?

A hardship objection can call the validity of an eviction into question, but it does not automatically replace an interim injunction; often the court decides in the proceedings.

Do I have to inform the landlord of all reasons in writing?

A factual, complete presentation of reasons with evidence is sufficient; detailed medical data can be submitted confidentially or via a lawyer.

Who decides on the hardship objection?

In case of dispute, the competent local court decides; higher instances are the regional court and the Federal Court of Justice for appeals and fundamental issues.

How-To

1. Collect evidence: tenancy agreement, payment receipts, medical certificates and correspondence.
2. Draft a short statement of the hardship objection with concrete effects for household and family.
3. Contact your municipal legal advice or a counseling center for an initial review.
4. If necessary: file a response at the local court or have the claim defended; observe the ZPO deadlines.^[2]
5. Check eligibility for legal aid if your financial means are limited.^[2]

Help and Support / Resources

• BGB §§ 535–580a: Tenancy contract and duties
• Code of Civil Procedure (ZPO): Claims and proceedings
• Federal Court of Justice (BGH): Decisions on tenancy law

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) — Decisions and information
4. [4] Bundesministerium der Justiz (BMJ) — Information on legal aid and sample letters