Tenant Checklist: Alternative Housing in Germany

Many tenants in Germany face the question of how to secure alternative housing after necessary renovation, an owner-occupancy termination, or when an apartment becomes uninhabitable. This guide explains in plain language what the landlord's duty to offer alternative accommodation means, which medical certificates or attestations are relevant, and how to document deadlines and evidence correctly. You will receive a practical checklist with concrete steps, references to key sections of the BGB, and examples of how to organize correspondence and proof before seeking court assistance if needed. I explain which forms authorities and courts expect, how to compare offers, and which legal deadlines matter. You will also find a short FAQ and a step-by-step action plan.

What does the duty to offer and alternative housing mean?

The duty to offer concerns situations where an apartment becomes temporarily or permanently uninhabitable or where the landlord must provide replacement accommodation. Tenants should check whether the landlord must provide a reasonable alternative and which proofs, such as medical certificates, can substantiate this claim^[1]. If disagreements arise, the local court (Amtsgericht) may decide on enforceability of claims.

Checklist for tenants

• Collect medical certificates and attestations that prove uninhabitability or health risks.
• Send a written request to the landlord with a clear deadline (e.g. 14 days) for providing an alternative offer.
• Take photos, prepare a defect log and record witness statements with dates.
• Review alternative offers and document in writing why an offer is reasonable or not.
• If no solution is found, seek advice in good time and, if necessary, prepare a lawsuit at the local court.

Important legal bases

Relevant provisions can be found in the BGB (especially on landlord obligations and defects) and in the ZPO for procedural matters; both sources explain rights and deadlines in detail^[1][2].

For precedent, decisions of the Federal Court of Justice (BGH) may be consulted to clarify when replacement housing or compensation is appropriate^[3].

FAQ

Can I demand alternative housing if severe mold occurs in my apartment?

If mold endangers health or renders the apartment uninhabitable, certificates and documentation can support a claim for replacement accommodation; check deadlines and inform the landlord in writing.

How do I set a deadline correctly?

Draft the request in writing with a clear deadline (date) and state which remedy you expect (e.g. alternative housing or defect remediation).

Which authority / court is responsible in case of dispute?

For tenancy disputes the local court (Amtsgericht) is usually competent; higher instances include the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).

How-To

1. Gather all relevant documents: medical certificates, photos, defect logs and correspondence.
2. Write to the landlord with a deadline and specify the requested remedy (alternative housing or defect remediation).
3. Wait for the set deadline and record any response from the landlord.
4. If no agreement is reached, prepare a claim at the local court and submit all evidence.

Help and Support

• Gesetze im Internet: BGB §535 and tenancy law
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH) – rulings

1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions