Tenant Guide: Hardship Objection & Costs in Germany
As a tenant in Germany, it is important to know how to structure a hardship objection sensibly and document modernization or ancillary costs in a family-friendly manner. This guide explains in plain language which pieces of evidence help, which deadlines to observe, and how to prepare formal steps such as letters, notifications and, if necessary, court actions. The aim is to protect tenant rights in everyday life — for example in rent increases, unlawful modernization costs or impending evictions. You will receive practical checklists, wording aids for letters to the landlord and concrete information on which authorities and courts are responsible in Germany.
What is a hardship objection?
A hardship objection is a written objection in which tenants explain why a landlord's measure is unreasonable or why a cost allocation would be unbearable. In Germany, many claims and objections are based on provisions of the Civil Code (BGB) on tenant duties and rights [1]. The hardship objection can help stop or limit modernization notices or excessive allocations.
Checklist: Hardship objection and documenting costs
- Collect evidence: photos, invoices, emails and record dates/times (record).
- Check rent and utilities: list comparison calculations and reserve items (rent).
- Document repairs: photograph damage, heating and water failures and save repair requests (repair).
- Deadlines and letters: note incoming dates of letters and deadlines and make copies of forms (notice).
- Secure contacts: record names, phone numbers and conversation notes of landlord, management and tradespeople (contact).
How to secure evidence legally?
Use multiple types of evidence: timestamped photos, e‑mails, registered mail requests and witness statements. Record precisely when you reported defects to the landlord and how they reacted. If it concerns eviction or a lawsuit, the rules of the Code of Civil Procedure (ZPO) apply to deadlines and filing [2]. For appeals and higher questions, local courts (Amtsgericht), regional courts (Landgericht) and the Federal Court of Justice (BGH) are the competent instances.
Templates and forms
There is no single official state template for every hardship objection, but wording aids follow the BGB and court rulings. Use a clear letter with date, facts, a concrete request (e.g. rejection of the cost allocation) and enclose evidence. If you send registered mail, keep the postal receipt. For formal lawsuits, a structured presentation referring to the competent courts (Amtsgericht for first instance, Landgericht and BGH for appeals) helps [3].
FAQ
- When can I raise a hardship objection?
- When the cost allocation or measure is unreasonable, threatens your livelihood, or the announced modernization is not properly justified.
- Which deadlines apply to objections?
- Deadlines depend on the reason; short deadlines often apply for payment demands and evictions. Respond immediately in writing and document the dispatch.
- Where can I turn if the landlord does not respond?
- Contact the local court for rental disputes or seek advice from tenant advisory services; gather all documents for submission.
How-To
- Check deadlines: note all deadlines and time limits for objections and payments (time).
- Organize evidence: create an ordered list of invoices, photos and correspondence (record).
- Draft a letter: summarize the objection briefly, request a statement and send the letter with proof of delivery (notice).
- Contact assistance: reach out to advisory services or the local court to clarify responsibilities (contact).
- If necessary, file a lawsuit: submit a claim at the competent local court and include your documentation (court).
Key Takeaways
- Documentation is central: collect and secure evidence systematically.
- Always date formal letters and send them with proof of delivery.
- Use advisory services and the correct court level early.
