Tenant Protection: Hardship for Care in Germany
Many tenants in Germany face the question of whether caring for a family member constitutes a hardship and thus triggers special eviction protection. This text explains in clear language which conditions tenants must meet, which proofs landlords accept, and how you as a tenant can proceed legally and practically. You will receive a step-by-step guide for collecting medical certificates, care documentation and other evidence, notes on deadlines and possible landlord responses, as well as tips for discussing the matter with the local court or legal counsel. The aim is to give you, as a tenant in Germany, action-oriented, understandable steps so you can effectively assess protection in cases of caregiving need. If necessary, we name forms and official bodies where you can get support.
What does a hardship due to care mean?
A hardship exists if termination of the tenancy would represent an unreasonable burden for the tenant or the person being cared for. Tenancy law and the duties of landlords and rights of tenants are regulated in the German Civil Code (BGB) §§ 535–580a.[1] In practice this means: if, without housing protection, caring for a seriously ill family member would be significantly endangered, this can be a reason for special protection. The concrete situation, medical expert opinions and the interests of both parties are decisive.
When does special eviction protection apply?
Special eviction protection may apply when the termination would have existential consequences or make care impossible. Important criteria are the duration and intensity of care, mobility of the affected person and whether alternative housing is reasonable. Expect the landlord to weigh your social situation against the landlord's interest in ending the tenancy.
- Observe deadlines: Respond quickly to terminations and set deadlines for objections.
- Medical certificates: Collect current certificates and care reports as evidence.
- Consider adaptations: Check whether barrier-free modifications are possible to justify continuation of the tenancy.
- Court decisions: In disputes, the local court (Amtsgericht) decides on eviction suits or the invalidity of a termination.
Documents and evidence – how to prove hardship
Collect evidence systematically. The clearer and more complete the documents, the better your position with landlord and court.
- Medical certificates: Clearly state date, diagnosis, care needs and prognosis.
- Care documentation: Care diaries, records of care service visits and care-grade decisions.
- Financial evidence: Income statements, benefit decisions or documents on the financial situation of the person being cared for.
- Correspondence: All communications with the landlord, including termination, responses and deadlines.
Forms and legal steps: There is no uniform federal "hardship application"; however, standard letters such as objections to termination or a response to a lawsuit are relevant. In court proceedings you can apply for legal aid or initial legal advice. Rules for deadlines and claims are governed by the Civil Procedure Code (ZPO).[2]
How to act in practice
Proceed in a structured way: inform the landlord in writing about the care situation, submit evidence and ask for an amicable solution. If an agreement fails, prepare documents for court proceedings. Consider legal advice, especially when deadlines are running or an eviction is imminent.
- Inform in writing: Present your situation and deadline requests in writing.
- Seek advice: Use free counseling at social services or initial lawyer consultations.
- Check court options: File a timely response to a suit or objection if necessary.
Frequently Asked Questions
- Can caregiving for a relative prevent an eviction?
- Yes, under certain conditions caregiving can be considered a hardship and grant special eviction protection; the decision depends on the individual circumstances of the case.
- Which proofs are most important?
- Medical certificates, care-grade decisions, care diaries and documentation from care services are central.
- Where do I turn if the landlord does not respond?
- Seek legal advice and contact the local court if an eviction suit is imminent.
How-To
- Act immediately: Check termination deadlines and note all relevant dates.
- Collect evidence: Obtain medical certificates and care reports and copy existing documents.
- Write to the landlord: Describe the situation in writing and request an amicable solution.
- Consider legal steps: Apply for legal aid if necessary and prepare documents for the local court.
Key Takeaways
- Respond quickly to terminations to avoid missing deadlines.
- Comprehensive medical documentation is often decisive.
- Seek help early from official bodies or legal advice.
Help and Support / Resources
- Gesetze im Internet – BGB
- Bundesgerichtshof – Case law
- Justice portal of the federal states – local courts & forms
