Tenant Protection for Care Hardship in Germany

Many tenants in Germany face the question of how to prevent an eviction when their housing situation becomes a hardship due to caring for relatives. This guide explains the applicable legal principles, what evidence you should collect and how to meet deadlines. It shows practical steps from informing the landlord to possible submission to the local court. The language remains clear so you can review your claims without legal expertise, apply for legal aid or seek advice. Read on to learn concrete actions, sample forms and the responsible authorities in Germany. Concrete examples show how medical certificates, care notices and witness statements work together to substantiate hardship reasons.

What is a care-related hardship?

A hardship exists when continuing the tenancy would be unreasonable for the tenant or their care-dependent relatives. In Germany, the assessment is based on general tenancy law principles in the BGB and a balancing of interests between tenant and landlord.^[1]

Which documents help?

• Medical certificate with date and a brief description of the care needs as evidence.
• Care grade decision or decision from the long-term care insurance as official evidence.
• Records of care provided, logs or calendars with appointments.
• Written statements from relatives or witnesses confirming care activities.
• Bank statements, rent payments and other payment receipts to show your financial situation.

Deadlines and formal steps

• Respond immediately to a notice: note the date of receipt and check deadlines for objections or statements.
• Send written statements to the landlord and keep proof of delivery (registered mail or handover receipt).
• If necessary, apply for legal aid early, as it provides time for court proceedings.

Court procedures and jurisdiction

Disputes about tenancy terminations and eviction suits are typically heard in the competent local court (Amtsgericht) in the first instance. Procedural rules and claims are regulated in the ZPO; higher court decisions of the BGH may be relevant for legal questions.^[2][3]

Forms and support

Important official forms and applications for tenants include, for example:

• Application for legal aid (PKH) — if you cannot afford a lawyer; example: you submit PKH documents to the court together with an initial statement of the case.
• Application for legal consultation assistance to obtain initial advice from a lawyer locally — useful for a first legal assessment.
• Statement of claim according to ZPO requirements — if you consider a counterclaim or declaratory action; in practice, a lawyer helps with completion.

All steps are subject to the formal requirements of the courts and deadlines; check the relevant justice information or seek advice.^[2][4]

FAQ

Can I prevent an eviction because I care for a relative?

Often yes, if the care obligation and the hardship of moving are sufficiently documented. Collect certificates, decisions and witness statements and present them to the landlord or the court.^[1]

Which deadlines matter if an eviction suit arrives?

Respond without delay to court service. The specific deadline is stated in the complaint or order; seek prompt advice to prepare your defence within time.^[2]

How do I apply for legal aid (PKH)?

File a written application with the competent court and provide proof of income and assets. If granted, attorney and court costs are covered fully or partially.^[4]

How-To

1. Collect evidence immediately: medical certificate, care grade decision, care logs and payment proofs.
2. Inform the landlord in writing and explain the hardship reasons; document delivery.
3. Note deadlines: complaint receipt, objection periods and court dates.
4. Seek legal advice: check consultation assistance or a lawyer and apply for legal aid if necessary.
5. In case of proceedings: submit a statement to the local court and present evidence properly.

Help and Support / Resources

• Civil Code (BGB): Tenancy §§ 535–580a
• Information on courts and jurisdiction (Justizportal)
• Federal Service Portal: Information on legal aid and forms

1. [1] BGB §§ 535–580a at Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) at Gesetze im Internet
3. [3] Information on courts (local courts) at justiz.de
4. [4] Legal aid (PKH) and consultation assistance at the Federal Service Portal