Conversion Blocking Period: Tenant Rights in Germany
As a tenant in Germany, you often face critical deadlines and possible terminations when properties are converted. A blocking period can protect you if you present medical certificates showing that remaining in your home is necessary for health reasons. This practical guide explains when a blocking period applies, which documents and certificates are relevant, and how to structure your argument toward the landlord or court. We describe your rights under the BGB, typical evidence, required forms and the procedure in a termination-protection lawsuit before the local court. The aim is to enable you to represent your interests as a tenant confidently and factually. Read the helpful steps below and check deadlines and forms carefully. In urgent cases, use the official advisory services in Germany.
What is the blocking period?
The blocking period protects tenants after certain conversions of residential space (e.g., into condominiums) by preventing immediate termination or displacement. If medical reasons make continued residence necessary, medical certificates can increase the chances that a court or landlord will show consideration.
When does the blocking period apply?
A blocking period does not apply automatically. It depends on the individual case, the type of conversion and whether you can prove that relocation would significantly impair your health. Legal bases are found in the Civil Code (BGB) and in case law on tenant protection issues.[1]
Which deadlines matter?
- Check the deadline in the termination letter and respond within the stated period.
- Eviction or court procedures often include short hearing dates at the local court.
Which certificates and evidence help?
The quality and detail of evidence are decisive. General statements are rarely sufficient: certificates should clearly explain why relocation is medically unreasonable and name specific limitations or necessary therapies.
- Medical certificate with diagnosis, prognosis and concrete justification why moving would harm health.
- Treatment plans, proof of ongoing therapy or clinic appointments.
- Documentation of the living situation (photos, defect lists) and witness statements.
Forms and legal steps
For court actions you often need standardized forms (e.g., claim forms for civil proceedings) and possibly applications for advisory aid or legal aid. Templates and forms are available on official justice websites.[2]
- Claim form (form sheet) for civil claims: use when filing a termination-protection lawsuit.
- Application for advisory aid or legal aid: relevant if you need financial support for legal advice or court costs.
If you file a lawsuit, the local court (Amtsgericht) is the first instance for many tenancy disputes; higher instances may include the regional court or the Federal Court of Justice for precedent-setting decisions.[3]
How to argue factually before landlord or court
Focus on verifiable facts: medical necessities, ongoing therapies, hardship cases (e.g., need for care) and concrete timing issues. Avoid emotional exaggeration; courts and landlords respond better to comprehensible, well-documented arguments.
- Organize all relevant evidence in a single, ordered folder.
- Send formal responses to terminations by registered mail or deliver them personally with a receipt.
- If necessary, file a timely termination-protection lawsuit at the local court.
FAQ
- Can a medical certificate always establish a blocking period?
- No. A certificate improves the chances but is not automatic; the court examines the individual case, proportionality and evidentiary strength.
- Who decides about the blocking period?
- Primarily the competent court within a lawsuit or agreement with the landlord; on objection the local court decides on further steps.
- Which deadlines must I absolutely meet?
- Response deadlines in termination letters, claim and objection deadlines at the local court; reliable deadlines are indicated in the letters and at the justice portal.
How-To
- Check the termination letter immediately for deadlines and response options.
- Obtain a detailed medical certificate specifying therapy needs and intolerance to moving.
- Submit required forms (claim form, application for advisory aid) timely to the court or advisory office.
- Present your evidence in an organized manner at the local court and apply for legal aid if necessary.
Help and Support / Resources
- Forms and information for civil proceedings – Justizportal
- Civil Code (BGB) online
- Federal Court of Justice (BGH) – decisions and information