Blocking Period After Conversion: Tenant Rights in Germany
Many tenants in German large cities face the question of how to prove the statutory blocking period after a conversion from rental to condominium. This practical guide explains step by step which documents, deadlines and authorities are important, how the local court is responsible and which sections of the BGB are often applied. I describe in clear terms how to secure evidence, submit forms correctly and observe deadlines so you can minimise the risk of eviction or forced move. Examples from metropolitan areas show typical procedures and there are concrete pointers on how to contact official bodies if you are uncertain.
What does the blocking period after conversion mean?
The blocking period refers to a timeframe in which certain terminations or changes in use following a conversion into condominiums are restricted. It is intended to protect tenants so that a sudden loss of the apartment due to short-term conversion effects is prevented. For the exact legal classification, the provisions of the BGB should be observed, especially the tenancy law rules in §§ 535–580a of the BGB.[1]
Which proofs help to prove the blocking period?
- The rental contract with dates and signatures as the primary evidence.
- Correspondence with the landlord about the conversion (emails, letters).
- Receipts for rent payments and utility statements.
- Documents on the conversion process (declaration of division, owners' resolutions).
- Photos and dated evidence showing condition and usage.
Forms, authorities and responsibilities
If you need to take action, the steps often involve the local court (Mietrecht, eviction claims) and possibly the regional court or the Federal Court of Justice on appeal.[2] Practical forms include templates for a protection-from-eviction complaint (statement of claim) at the local court and applications for file inspection or objections to a termination. For official information and authorised forms use the sites of the competent courts or the Federal Ministry of Justice.[3]
How to organise and submit evidence
- Collect all contracts, emails and payment receipts in chronological order.
- Record important deadlines and appointments in writing and digitally.
- Prepare a clear dossier (cover page, table of contents) for authorities or courts.
- File the documents with the competent local court if a lawsuit becomes necessary.
- Contact the court's legal advice office or tenant support if in doubt.
FAQ
- Can the landlord immediately terminate because of conversion?
- No, immediate termination is often restricted by statutory blocking periods; check the relevant BGB provisions and seek legal advice or court protection if unsure.[1]
- Which documents are most important?
- Mainly the lease, payment records, correspondence about the conversion and all official conversion procedure documents.
- Where do I file a lawsuit or objection?
- Eviction or termination protection lawsuits are filed at the competent local court; for legal questions regional courts and the Federal Court of Justice may decide in higher instances.[2]
How-To
- Collect all relevant documents and sort them chronologically.
- Check deadlines immediately and note submission dates.
- Complete necessary forms accurately and attach evidence.
- File documents at the local court or consult the court's legal advice office.
- Keep contact details for official bodies and document every communication.
Key Takeaways
- Early evidence collection simplifies proving the blocking period.
- Deadlines are critical; do not miss statutory dates.
- The local court is the first point of contact for tenancy disputes.
