Tenant mistakes: alternate housing & offer duty Germany

Many tenants in Germany face the question of how to react correctly to a rent reduction, repair or a termination when the apartment becomes uninhabitable or a landlord must offer an alternative dwelling. Common mistakes are incomplete evidence, missed deadlines and unclear communication with the landlord. This guide explains step by step which documents are important, how to check the landlord's duty to offer and which rights you have under the BGB.^[1] I describe practical examples, name the deadlines, and show how to collect evidence and accept or refuse an alternative without losing claims. This protects your rights and reduces risks in court proceedings.

What are common mistakes?

Many mistakes arise from missing documentation, delayed reactions or incorrect deadlines. Typical problems include:

• no photos or videos of the defect immediately after discovery
• missing written defect notifications to the landlord
• unrecorded communication or verbal agreements without witnesses
• exceeding statutory or contractual deadlines

Which evidence is important?

For the credibility of your claims you need clear dated evidence. Important proofs are:

• photos and videos with date and time
• written defect notifications by email or registered mail
• rent payments and payment receipts
• craftsmen invoices or cost estimates
• witness statements from neighbors or residents

Forms and authorities

For certain steps there are standardized letters and court submissions. Typical forms and templates you may need can be found on the official justice pages or at the regional courts. Examples and when they are used:

• Termination letter (template): when you must terminate yourself or respond to an unjust termination; use a signed written letter and send it by registered mail.
• Application for eviction claim (in severe disputes): filed at the competent local court if an eviction is threatened or already ordered.
• Written defect notification to the landlord: always include a deadline for remedying the defect.

Concrete forms and guidance are compiled on the justice portal; use these official templates for timely and properly formatted submissions.^[4]

How to check the duty to offer?

The duty to offer describes whether and when a landlord must provide an alternative accommodation. Check legality by the following points and document every step.^[1]

1. Check the lease for clauses on replacement accommodation.
2. Request written confirmation of the offer or refusal from the landlord.
3. Compare the offer with your previous apartment (size, location, amenities).
4. If the offer is unreasonable, refuse in writing and justify the refusal.
5. Document costs for alternative accommodation and check for reimbursement claims.

FAQ

What does the landlord's duty to offer mean?

The landlord's duty to offer means that in certain cases the landlord must offer a reasonable replacement dwelling; details depend on the contract and the situation.

Can I refuse an alternative offer?

Yes, if the offered dwelling is significantly worse or unreasonable, you should justify the refusal in writing.

Which deadlines do I need to observe?

Deadlines result from law or the lease; react quickly and in writing to avoid losing rights.^[2]

How-To

1. Document the defect immediately with photos, date and a short description.
2. Send a written defect notice to the landlord and set a reasonable deadline.
3. If the landlord offers an alternative, request details in writing and check reasonableness.
4. Keep all receipts for additional costs (hotel, moving) together.
5. Seek legal advice or contact the competent local court if disputes remain.^[3]

Help and Support / Resources

• BGB §535 ff., gesetze-im-internet.de
• Bundesgerichtshof (BGH), bundesgerichtshof.de
• Justice portal of the federation and states, justiz.de

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1. [1] BGB §535 ff., gesetze-im-internet.de
2. [2] ZPO, gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH), bundesgerichtshof.de
4. [4] Justizportal des Bundes und der Länder, justiz.de