Using Conversion Waiting Periods — Tenants in Germany

As a tenant in Germany, you may benefit from a conversion waiting period when a rental apartment is converted to condominiums, which limits evictions for a defined time. This article explains in plain language which requirements apply, which deadlines matter, and which proofs help you demonstrate your protection. You will receive concrete advice on collecting rent records, photos, correspondence and witness statements, and on using forms and, if necessary, legal aid. It also describes how proceedings at the local court proceed and which laws (BGB^[1], ZPO^[2]) are relevant. The goal is that you as a tenant can enforce your tenant rights in Germany more confidently and meet deadlines reliably.

What is the waiting period?

The waiting period is a time limit that applies after conversion from rental to owner-occupied units and, in many cases, prevents eviction by the new owner for a defined period. It protects tenants and is governed by tenancy law. To assert the waiting period, tenants must prove that a conversion was planned or announced and that the termination occurred during the protected period.

When does it apply and which deadlines matter?

The exact duration and conditions can vary: it depends on when the conversion was announced or implemented and which reasons the new owner cites for termination. Observe deadlines for objections or submitting documents. Rules of civil procedure (ZPO) also apply for court steps at the local court^[2].

Which proofs are useful?

• Photos and condition documentation of the apartment to prove changes or defects.
• Rent payments and receipts to show ongoing payment relationships.
• Correspondence with the landlord or owner, especially termination or conversion notices.
• Witness statements or written confirmations from neighbors about handover or information dates.

Forms and practical examples

There are no uniform nationwide forms for every step, but key templates include the landlord's written notice and court application forms. Example: A termination letter from the new owner must be dated and reasoned; tenants should keep copies and delivery confirmations. For court proceedings you may need to apply for legal aid (PKH); check forms and guidance with justice authorities or ministries^[3].

How does a proceeding at the local court work?

If an agreement is not possible, the dispute may end up before the local court. Proceedings usually start with a complaint or response; evidence and deadlines are decisive. Higher courts or the Federal Court may be involved only in appeals or legal precedent cases.

• Filing a complaint: Submit a written complaint with evidence to the competent local court.
• Responding to a complaint: Observe deadlines to file a written response.
• Hearings and deadlines: Attend scheduled hearings and meet timetable requirements.

FAQ

What should I do if I receive a termination despite a waiting period?

Check the termination formally and immediately collect evidence (rent payments, correspondence, photos). File a written response within the deadline and seek legal help if necessary.

Does the waiting period apply automatically to all apartments?

No. Whether and how long a waiting period applies depends on the specific conversion, timing and local rules. Details may be specified in the lease or by statute.

Can I apply for legal aid (PKH)?

Yes, if you lack financial means you can apply for legal aid. The relevant form is available from judicial authorities; observe supporting document requirements.

How-To

1. Collect records: Gather photos, leases, payment proofs and correspondence as evidence.
2. Create a timeline: Produce a clear chronology of the conversion and received communications; request delivery confirmations where possible.
3. Check for legal aid: Determine whether you should apply for legal aid and submit the PKH application in time.
4. Attend court dates: If necessary, file complaint or response at the local court and attend hearings with full documentation.

Help and Support / Resources

• BGB §§ 535–580a (Tenancy law) — gesetze-im-internet.de
• ZPO — Court proceedings and deadlines — gesetze-im-internet.de
• Federal Ministry of Justice — forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz — Formulare und Hinweise