Tenant Checklist: Alternative Housing in Germany
Many tenants in Germany face decisions when they must sign a new rental agreement or are affected by a termination. Before signing you should check whether the landlord must offer an alternative apartment and what offer obligations apply in large cities. This text explains which rights you have as a tenant, how special protection against termination can apply and which evidence (photos, correspondence, housing offers) is helpful. I show you practical steps: how to request an alternative offer, observe deadlines and use template forms. The goal is that you negotiate confidently, avoid unnecessary risks and address the competent courts and forms in Germany correctly in case of a dispute.
What is the obligation to offer and an alternative apartment?
The obligation to offer does not automatically mean that landlords must always provide a suitable replacement apartment. Whether and to what extent an alternative offer can be demanded depends on the individual case and the landlord's duties under the German Civil Code (BGB).[1] If a termination is imminent, tenants should ask in writing whether alternative apartments are available and which criteria apply (location, rent level, size).
Practical steps for tenants
- Clarify deadlines: When must the landlord respond and by when should you reply?
- Request an alternative offer in writing (use a form and provide proof of receipt).
- Collect documents: photos, comparison offers, emails and correspondence as evidence.
- Set deadlines: give the landlord a reasonable time to answer.
- If necessary, inform the local court (Amtsgericht) or seek legal advice.
Forms and examples
Use templates for written requests to the landlord and for possible objections. A simple template includes: recipient, date, a clear request for an alternative offer, a deadline and a note about further steps if there is no response. Official collections of forms from authorities help with correct wording.[4]
Important deadlines, courts and rights
If a dispute goes to court, the rules of the Code of Civil Procedure apply to lawsuits and eviction proceedings.[2] Tenancy disputes usually start at the local court (Amtsgericht); higher-value cases are handled by regional courts (Landgericht) and fundamental legal questions are decided by the Federal Court of Justice.[3]
FAQ
- What claims do I have as a tenant to an alternative apartment?
- Claims exist only if contractual agreements or special circumstances (e.g., health hazards, intolerable living conditions) justify them; assess the situation individually and document everything.
- How do I properly request an alternative offer?
- In writing with a deadline, proof of dispatch (registered mail) and a request to name specific offers; keep copies of all documents.
- Which court do I contact in an eviction dispute?
- Rental disputes are usually handled initially by the local court (Amtsgericht); if unsure, consult a legal advice center.
How-To
- Send a written request: state the issue, request an alternative offer and set a deadline.
- Gather evidence: photos, emails, housing offers and all relevant documents.
- Monitor deadlines: respond timely to answers or set a follow-up deadline.
- Prepare court steps: if necessary, file a claim or objection at the local court.
- Seek legal advice: contact tenant advice centers or a lawyer.
Help and Support
- Forms and information from the Federal Ministry of Justice
- Laws online: BGB and ZPO
- Federal Court of Justice: case law