Blocking Period After Conversion: Tenants in Germany

Many tenants in Germany are uncertain which blocking periods apply when a landlord converts residential units into condominiums or sells the property. This article explains clearly and practically which legal protections exist, how long blocking periods can last, which forms and sample letters you may use and how to enforce your claims. I explain the most important sections of the BGB, show when a termination can be ineffective, and provide step-by-step guidance for letters to the landlord and the local court. The goal is to give you, as a tenant, clear steps so you can meet deadlines, secure evidence and resolve disputes constructively. At the end you will also find a sample notice of ineffectiveness and tips on how the local court decides in eviction cases.

What is the blocking period after conversion?

The blocking period aims to protect tenants when residential space is converted into condominiums or the landlord plans to realize the property. Legal bases can be found in the Bürgerliches Gesetzbuch (BGB), especially regarding termination protection and landlord duties ^[1]. In practice this means: within certain deadlines a landlord cannot simply terminate or evict if the claim of disposal or conversion has not been properly demonstrated.

Who is protected?

Generally protected are residential tenants who have their main residence in the affected apartment. Subtenants can also be protected in certain cases. The scope of protection depends on the contract, duration of tenancy and concrete conversion plans.

Rights and deadlines

Important rights concern the invalidity of defective terminations, landlord information duties and deadlines for objection or lawsuit. Procedures before the local court and civil procedural rules are regulated in the Zivilprozessordnung (ZPO) ^[2]. In legal disputes the local court often decides; higher instances include the Regional Court and the Federal Court of Justice ^[3].

How to enforce the blocking period

Practical steps help to enforce your rights. Documentation and timely communication are central.

• Check deadlines (deadline) and note appointments.
• Collect documents: photos, emails, lease and witness statements.
• Send a sample letter to the landlord (e.g. notice of ineffectiveness, request for information).
• If necessary, file a lawsuit at the local court or apply for interim relief (refer to procedural rules).

Forms and sample letters

Important forms include the lawsuit form for the local court and applications for interim relief; exact templates and guidance can be found on the Federal Justice Portal or the website of the competent local court ^[4]. Example: send a sample "notice of ineffectiveness" to the landlord, state reasons and deadlines, and indicate that you will seek a court declaration of ineffectiveness if necessary.

FAQ

How long does a blocking period last after conversion?

The duration is not uniform; it depends on the individual case, the lease and the applicable statutory provisions in the BGB.

Can the landlord immediately evict?

Only under narrow conditions; in many cases the blocking period protects tenants from immediate eviction.

Which court is competent for disputes about blocking periods?

The local court is usually competent in the first instance; appeals may go to the regional court and ultimately BGH decisions may be precedent-setting.

How-To

1. Check the contract and legal provisions (BGB) and note deadlines.
2. Gather evidence: photos, messages and witnesses.
3. Send a sample letter to the landlord and set a reasonable deadline.
4. If necessary, file suit at the local court or seek interim relief.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Gesetze im Internet: ZPO
• Federal Justice Portal - Forms and Court Information

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1. [1] Gesetze im Internet - BGB §§ 535–580a
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - Decisions on Tenancy Law
4. [4] Bundesjustizportal - Forms and Court Information