Tenant Guide: Alternative Housing & Offer Obligation in Germany

As a tenant in Germany, it is important to know what duties landlords have when the original living space becomes unavailable due to reasons like owner occupancy or renovation and no equivalent replacement is offered. This guide explains in plain language what is meant by an alternative apartment and the duty to offer, which deadlines apply, and which sample letters you can use in practice. You will receive concrete steps for documentation, communicating with the landlord, and actions under special protection against termination. For each step I name the relevant legal bases and the responsible courts so you can act with more confidence. It also describes how to proceed in a conflict and which evidence helps in court.

What does "alternative housing" and "duty to offer" mean?

An alternative apartment means a comparable replacement apartment that the landlord must offer if the original living space is no longer available for justified reasons such as owner occupancy, urgent renovations, or uninhabitability. The duty to offer means: the landlord must actively check and propose whether replacement housing is available or can be provided in suitable cases. The legal foundations are found in the German Civil Code (BGB) §§ 535–580a^[1].

Which steps should tenants take first?

• Collect evidence: photos, defect logs, correspondence and handover records.
• Contact the landlord in writing and request an offer for an alternative apartment.
• Use sample letters for inquiries, objections or setting deadlines.
• Pay attention to deadlines: responses and compliance with timeframes are crucial.

Which sample forms and letters are relevant?

There are no nationwide binding standard forms for every situation, but common sample letters follow clear rules: date, precise description of the facts, concrete deadline and the legal basis (e.g. BGB paragraphs). Examples include: defense against termination, request for provision of an alternative apartment and objection to termination. Use clear wording and send important letters by registered mail or with proof of delivery.

If the landlord does not make an offer: rights and procedures

If the landlord does not respond or refuses, tenants can consider legal measures. This includes filing objections, seeking legal advice and, if necessary, filing a lawsuit at the competent local court. Procedural rules are governed by the Code of Civil Procedure (ZPO)^[2]. It is important to observe deadlines and to provide the court with complete evidence to enable a decision.

Examples of brief formulations

• "Please provide me with a comparable alternative apartment by DD.MM.YYYY or explain in writing why this is not possible."
• "I hereby document defects and ask for written confirmation of receipt of this list."

Frequently Asked Questions

1) Must the landlord always offer an alternative apartment?

No. A duty to offer exists only in certain situations, for example when the landlord can actually check or provide replacement housing; the exact circumstances depend on the law and the individual case.

2) What evidence helps in court?

Photos, emails, letters, handover protocols and witness statements are especially important. Complete documentation increases the chances of success.

3) Which court should I contact in disputes?

For initial judicial clarification, the competent local court (Amtsgericht) is usually responsible; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH) for appeals and revisions^[3].

How-To

1. Gather documents: compile all records and create a list of defects with dates and photos.
2. Notify the landlord in writing and request an offer or statement.
3. If necessary, send a sample letter with a deadline (e.g. 14 days) and references to evidence.
4. If no agreement is possible, prepare for legal action and present the documents to the local court (Amtsgericht).

Help and Support / Resources

• BGB §§ 535–580a (Tenancy law)
• ZPO (Procedural rules for lawsuits)
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet - Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet - Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof - Information and decisions