Proving Alternative Housing: Tenants in Germany 2025

As a tenant in Germany, the question of alternative housing can become decisive, for example when your apartment is uninhabitable, during renovations, or due to termination for personal use. This text explains clearly and practically which proofs landlords may request, which deadlines apply, and which official forms or templates you can use. I describe which documents (photos, letters, expert reports) are useful, how to observe deadlines under § 536c BGB and other relevant rules, and when going to the local court or seeking legal advice is necessary. At the end you will find practical steps for submitting materials and pointers to responsible authorities as well as the most important forms and links to official sources. I also explain how to review rent reduction, claims for replacement housing, and possible cost reimbursements.

What is alternative housing?

An alternative housing is a replacement accommodation that becomes necessary when your rental apartment is temporarily or permanently uninhabitable or when the landlord cites legitimate reasons for alternative accommodation. Tenants have the right to information and proof when the landlord offers an alternative apartment or requests that you provide one.

Which proofs are useful?

• Photos (photo) of the damage and the apartment condition
• Written correspondence (document) with the landlord, emails and confirmations of receipt
• Expert reports or statements by specialists (document)
• Receipts and proofs (receipt) for replacement accommodation or moving costs
• Forms or offers for the proposed alternative apartment (form)

Deadlines and legal basis

Important legal foundations are in the German Civil Code (BGB), especially on defects, rent reduction and landlord duties, and in the Code of Civil Procedure (ZPO) for court actions.^[1][2] Report defects in writing as soon as possible and keep records; deadlines can be short depending on the case.

• Notify the landlord of defects (deadline) within a reasonable time
• Start documentation (deadline) as soon as damage appears
• Respond to written communications (deadline), often within 14 days

Forms and templates

There are no exclusive nationwide mandatory forms solely for "alternative housing", but the following documents are relevant and often required for tenants:

Typical forms / templates

• Termination letters / objection templates (sample letters) to document responses
• Application for reimbursement of replacement accommodation costs (letter to landlord with receipts)
• Application for a Wohnberechtigungsschein (WBS) if eligible for subsidized housing

Practical example: Send the landlord a written "defect notice and demand" with photos, a 14-day deadline for remedy and a notice that you will document and claim costs for an alternative apartment if the defect is not fixed. Keep all receipts attached.

When is the local court involved?

Many tenancy disputes are handled by the local court (Amtsgericht) at first instance; appeals go to the Landgericht and possibly the Federal Court of Justice (BGH).^[3] Proceedings may be necessary for eviction claims, reimbursement disputes or validity of alternative accommodation offers.

FAQ

Who must pay for alternative housing?

Generally, the person responsible for the defect bears the costs; for landlord-caused defects, costs may be reimbursable if the landlord does not act promptly.

Which documents are most important?

Photos, dated letters, expert reports and original receipts for accommodation and moving costs are crucial.

How long do I have to report defects?

Report defects in writing immediately; a specific deadline depends on the defect, but 14 days for an initial response is often reasonable.

How-To

1. Document damages immediately with photos and dates (document).
2. Send a written defect notice to the landlord and set a deadline (form / deadline).
3. Collect receipts for replacement accommodation and submit them for reimbursement if needed (receipt).
4. If no agreement is possible, prepare documents for court and consult the local court or legal counsel (court).

Key takeaways

• Documentation is your strongest tool in disputes.
• Observe deadlines and act promptly on correspondence.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
• [3] Federal Court of Justice (BGH) — Decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Decisions