Tenant Hardship Objection in Germany

Many tenants in Germany face the so-called hardship objection (Härteeinwand) during modernizations in older buildings: the option to object to a rent increase for modernization on grounds of undue hardship. This article explains step by step when a hardship objection makes sense, which reasons are accepted and how to check deadlines, evidence and possible court steps. I explain the applicable legal foundations, which documents you should collect and how a clear written objection can look. The guidance is aimed at tenants without legal background and shows practical actions in plain language so you can assert your rights in Germany calmly and confidently. If needed, you will find references to official forms, competent courts and further state sources.

What is a hardship objection?

The hardship objection allows tenants to object to a rent increase after modernization on the grounds that the change constitutes an undue hardship. Relevant legal bases can be found in the German Civil Code (BGB) and related tenancy provisions.^[1]

When can tenants use a hardship objection?

Tenants can raise a hardship objection if the announced rent increase or the consequences of the modernization unreasonably affect their living or health conditions, their financial existence or the actual habitability. Examples include substantial income loss, need for care, or lack of alternative housing in a tight market.

Hardship reasons: how to assess them

• Disproportionate rent increase compared with household income.
• Health reasons such as serious illnesses or need for care.
• High moving costs or lack of replacement housing in a tight market.
• If modernization temporarily makes the dwelling uninhabitable.

Deadlines and formal steps

First check the landlord's modernization notice for deadlines and announced cost shares. A hardship objection must be made in writing; meet deadlines and collect evidence for your claims. For court actions, the procedural rules of the ZPO and the jurisdiction of local courts apply.^[2]

• Check the response deadline in the modernization notice.
• Send a written objection and explain the hardship.
• Attach evidence: bank statements, medical certificates, tenancy agreement.
• If necessary, file a lawsuit at the local Amtsgericht.^[2]

What to do if the landlord does not respond?

If the landlord does not respond or responds inadequately, keep copies of all letters and evidence and consider filing a lawsuit in the competent Amtsgericht. In later instances decisions can reach the Federal Court of Justice; relevant BGH rulings may affect interpretation of the hardship objection.^[3]

FAQ

Can I raise a hardship objection against any modernization measure?

No. The hardship objection protects against undue consequences, not every modernization.

Is there an official form for the hardship objection?

No, there is no nationwide standard form; you must state your reasons in writing and attach evidence.

Which courts are competent?

For tenancy disputes the local Amtsgericht is competent in the first instance; on appeal the Landgericht and for revision the BGH.^[2]

How-To

1. Read the modernization notice carefully and note deadlines.
2. Draft a written objection stating clear hardship reasons.
3. Collect evidence: bank statements, medical certificates, photos.
4. If necessary, file a lawsuit at the local Amtsgericht and refer to your documents.
5. Seek official advice and check state assistance options.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§535–580a
• Zivilprozessordnung (ZPO)
• Federal Court of Justice – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions on Tenancy Law