Blocking Period after Conversion: Protect Tenants in Germany
Many tenants in Germany face the blocking period after a conversion when landlords create condominiums or change a buildings use. The topic involves protection from termination, evidence obligations and deadlines: those planning a conversion must observe certain blocking periods so that existing tenancies are not terminated abruptly. This text explains in plain language which pieces of evidence tenants should collect, which deadlines apply and which mistakes commonly occur. You will get practical steps, guidance on official forms and examples of how to organize deadlines and documents, name witnesses and prepare for a possible proceeding at the local court. Read on for checklists and concrete actions to effectively protect your rights in Germany.
What is the blocking period after conversion?
The blocking period protects tenants after a conversion (for example from rental to condominium) from short-term termination. In many cases landlords cannot terminate immediately; instead a statutory or judicial period applies with special conditions. Which deadlines apply in each case is determined by the German Civil Code (BGB) and applicable case law.[1]
Common mistakes
- Evidence is missing or incomplete, for example missing photos or unclear dates.
- Deadlines are missed, for example failing to meet a formal response or an objection deadline.
- Form errors in objections or missing information in letters to the landlord.
- Insufficient documentation of defects or communication with the landlord.
- Ignoring special protection rules for social or subsidized housing.
How tenants should secure evidence
Collect evidence systematically: dated photos, e-mails with delivery receipt, witness statements and official letters. Note dates, deadlines and the type of communication (e.g. registered mail). Make copies of all relevant documents and keep digital backups in two locations. If possible, send important declarations by registered mail or courier to document delivery.
- Create photos and videos with date stamps and save backups.
- Store correspondence by registered mail or e-mail with read receipts.
- Name witnesses and record short written statements.
- Note deadlines immediately and set reminders.
When to involve the courts? Local court and procedure
In unclear legal situations, disputes over the validity of a termination or eviction threats, the local court (Amtsgericht) has jurisdiction. Proceedings at the local court follow the rules of the Code of Civil Procedure (ZPO), for example for filing a lawsuit and handling deadlines; legal advice is often helpful, especially in eviction cases.[2]
How-To
- Collect evidence: photos, e-mails, contracts and proof of payments in chronological order.
- Check deadlines: blocking period, objection deadlines and delivery dates.
- Prepare forms and letters: check wording and choose delivery methods (registered mail).
- Seek advice: contact tenant associations, a lawyer or free legal advice services.
- If necessary: file a claim at the local court and organize evidence.
FAQ
- How long does a blocking period typically last?
- The duration varies depending on the conversion type and legal basis; special protection periods of several months to years may apply in individual cases.
- Do I have to present evidence to the landlord immediately?
- You should secure evidence and present it in case of dispute; sending it to the landlord by registered mail documents the communication.
- When is the local court responsible?
- For termination disputes, eviction claims and cases about rent payments, the local court usually decides in the first instance.
Key takeaways
- Collect documents early to avoid formal errors.
- Clear, dated evidence strengthens your position with landlords and courts.
- Special protections often apply to subsidized housing; check applicability.
Help and Support
- Federal Ministry of Justice – Forms and guidance
- Laws online – BGB and ZPO
- Federal Court of Justice – decisions information
