Structuring Hardship Objection for Tenants in Germany

Modernization & Cost Allocation 3 min read · published September 07, 2025
Many tenants in Germany face the task of responding to a modernization notice or an expected rent increase with a hardship objection. This guide explains step by step how to draft a formal, timely objection, which details and evidence are important, and how to use typical wording. I describe the relevant legal basis, list official forms and show practical sample texts so you can assert your rights as a tenant clearly and effectively. The aim is to give you confidence — from collecting evidence to behavior before the local court — without requiring legal expertise. I explain which deadlines to observe, how to object in writing and which proofs (e.g. invoices, medical certificates) increase your chances of success. You will also find tips on dealing with the landlord and filing at the local court.

What is a hardship objection?

A hardship objection is a formal tenant response to assert disadvantages caused by planned modernization measures or a rent increase. It can aim to delay a rent increase or mitigate its effects. Legal bases on the tenancy contract and landlord duties are found in the German Civil Code (BGB)[1].

In many cases a hardship objection protects tenants from disproportionate financial consequences.

Checklist

  • Deadline: Check the deadline in the notice and respond on time.
  • Documents: Collect invoices, photos, medical certificates and correspondence as evidence.
  • Form: Use template texts or forms for your objection.
  • Contact: Record phone calls and request written confirmations.
Keep copies of all letters and evidence in chronological order.

Forms and sample texts

There is no single nationwide mandatory form for a hardship objection, but useful templates include a sample objection letter against modernization notices and general templates for termination or objection letters (for example on official pages of the Federal Ministry of Justice). State why the measure would impose undue hardship (e.g. health limits, high financial burden), attach proof and request an extension or deferral. Sample wording: "I hereby timely raise a hardship objection against the announced modernization dated [date], as the expected rent increase would be existentially threatening for my financial situation. I enclose supporting documents."

Concrete templates help avoid formal errors and meet deadlines.

What happens at the local court?

If the dispute continues, tenancy cases can be heard at the competent local court; procedural rules for filing a claim and service are governed by the German Code of Civil Procedure (ZPO).[2] The local court may first decide on interim measures or eviction claims; appeals go to the regional court and eventually the Federal Court of Justice (BGH).[3]

Always respond to court letters within the specified deadlines, otherwise you may lose rights.

How-To

  1. Check the deadline immediately and note the date of receipt.
  2. Gather all relevant evidence such as invoices, photos, medical certificates or notices.
  3. Draft the written hardship objection, state reasons and attach supporting documents.
  4. Send the letter by registered mail with return receipt or via an electronic delivery service and keep proof of dispatch.
  5. If necessary, file documents with the local court or seek advice there; observe procedural deadlines under the ZPO.[2]
Many courts accept a copy with proof of dispatch as an initial submission.

Frequently Asked Questions

What is a hardship objection against modernization?
A hardship objection is the tenant's written explanation of why a planned modernization or resulting rent increase would be unreasonable for them; it aims to protect against existential hardship.
Which deadlines apply?
There is no single statutory deadline for a hardship objection; respond promptly and within any deadline stated in the notice, otherwise you may lose rights.
Who do I contact if the landlord does not respond?
If the landlord does not respond or refuses, you can consult a lawyer or involve the local court; in many cases prior advice from a tenant organization is helpful.

Help and Support

  1. [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
  2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
  3. [3] Local courts and competence — German Judiciary Portal
  4. [4] Templates and information — Federal Ministry of Justice (BMJ)

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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