Offer Duty for Tenants with Medical Notes in Germany

Many tenants in Germany face the question of whether and when a landlord must offer alternative accommodation, especially when medical notes make staying in the apartment difficult. This text explains in clear language what rights tenants have, which documents and deadlines are important, and how a medical note can affect the landlord's duty. The guide is practical and aimed at tenants without legal expertise; it shows which steps you should take immediately, which official forms are relevant, and how to proceed in conflicts with the landlord.

What is the duty to offer?

The duty to offer does not automatically grant unlimited relocation rights: the landlord must offer a reasonable alternative apartment if the current apartment is uninhabitable due to defects or health risks. The basic obligations to maintain the rental property and to remedy defects are found in the BGB and govern when a move is to be expected.^[1]

When does a medical note count?

A medical note can clearly prove that the apartment is unfit for health reasons (e.g., due to mold, lack of heating, severe damp). However, medical notes do not automatically change the legal situation; they strengthen the tenant's demand that the landlord offer alternative accommodation or remedy the defect.

• If a medical note proves urgency, request in writing that the landlord provide a notice and solution.
• Collect evidence: medical notes, photos, communication records and copies of the lease.
• If there is acute danger to health, the landlord must consider repair measures or an alternative offer.

Practical steps for tenants

Proceed in a structured way: first document, then demand, set deadlines and, if necessary, prepare legal steps. The rules of civil procedure apply to court proceedings; for eviction suits and rent reduction claims, court and procedural deadlines are decisive.^[2]

• Set a clear deadline to the landlord for a response, e.g. 14 days.
• Demand in writing a concrete alternative offer or remedy of the defect; cite the medical note as evidence.
• Obtain legal advice or contact the relevant office at the local court for information on procedures.

Forms and official documents

There are no uniform nationwide rental forms for many steps, but for court procedures and lawsuits official guidance and templates are available from the Federal Ministry of Justice and the courts. Use these sources when filing a lawsuit or sending a formal demand by mail.^[4]

• Template: Written demand to the landlord (letter with deadline) — use an informal dated letter and attach medical notes.
• Collect evidence: photos, medical notes, witness statements and the lease.
• If no agreement is reached: file a complaint with the competent local court (pay attention to jurisdiction and procedure).

FAQ

1. Must the landlord always offer alternative accommodation?

No. The duty arises only if the apartment is uninhabitable or the landlord does not remedy the defect in a timely manner; reasonableness depends on the circumstances of each case.

2. How important is a medical note?

A medical note is often decisive because it documents the health impairment and supports the demand for alternative accommodation or rent reduction.

3. Which deadlines must I observe?

Set a reasonable deadline for the landlord to respond (often 14 days). For court proceedings, the deadlines of the ZPO and the jurisdiction of the local court apply.^[2]

How-To

1. Obtain a medical note: schedule a doctor appointment and have the health impairment confirmed in writing.
2. Demand in writing: send the landlord an informal letter with a deadline and attach the medical note.
3. Wait for the deadline: document all responses and deadlines.
4. Get advice: contact an official office or the local court if no agreement is reached.
5. Legal steps: if necessary, file a lawsuit and use medical notes as evidence.

Key Takeaways

• Document medical notes and communications immediately.
• Set written deadlines and request an alternative offer.
• The local court and civil procedure rules determine further steps.

Help and Support

• BMJ — Federal Ministry of Justice (contact and information)
• Laws in the Internet — BGB and ZPO texts
• Federal Court of Justice — case law and decisions