Tenant Rights: Alternative Apartment & Offer Duty Germany

Many tenants in Germany face in 2025 the question of whether they are entitled to alternative housing and when landlords must meet the so-called offer duty. This article explains in practical terms which rights and deadlines apply, how to document defects, what behaviour is expected from landlords and when a court may need to be involved. I describe step by step how to request an offer, which proofs help and which official forms and courts are responsible. The language is easy to understand so that you as a tenant know which steps require deadlines, when to respond and how to securely archive evidence.

What does alternative housing and offer duty mean?

The offer duty means that a landlord must provide an acceptable alternative apartment to the affected tenant in certain cases, for example due to significant defects or modernization measures. Whether and when this applies depends on the rules of tenancy law and the specific circumstances; particularly relevant here are the duties from the Civil Code (BGB) §§ 535–580a ^[1] and the courts' practice.^[3]

Concrete steps for tenants

1. Request the alternative apartment in writing (form) and set a reasonable deadline (deadline).
2. Secure evidence: photos, emails, letters and a defect log (evidence).
3. Observe deadlines (deadline): respond within the set period, otherwise your claim may be jeopardized.
4. Report defects in writing and request repairs; document repair attempts (repair).
5. If the landlord does not cooperate, prepare a lawsuit or an action against eviction and seek advice from the local court (court). ^[2]

If you document the steps in writing, you improve your chances in a dispute. Start with a clear deadline and a concrete description of the desired alternative solution.

Rights, deadlines and evidence

• Set deadlines (deadline): specify a concrete date by which the landlord should respond.
• Rent payment obligations (rent): continue paying rent but mark possible reduction claims in writing.
• Defect documentation (repair): photograph damage and note date and time.
• Secure communication (evidence): emails, witnesses and logs increase evidentiary strength.

Frequently Asked Questions

When is an alternative apartment appropriate?

An alternative apartment is appropriate if location, size and costs are comparable to your current apartment and use of the apartment during the works would be unreasonable.

Can I reduce the rent if the landlord does not provide an alternative?

Under certain conditions tenants can reduce the rent; carefully document the reason for reduction and inform the landlord in writing.

Which court should I go to in a dispute?

Rental disputes are usually handled by the local Amtsgericht; higher courts are the Landgericht and the Federal Court of Justice for precedent issues.^[2]

How-To

1. Letter: Draft a short, clear demand letter with deadline and desired alternative options (form).
2. Documentation: Collect photos, witnesses and logs proving the need for an alternative apartment (evidence).
3. Advice: Seek legal advice or tenant support early if the landlord does not respond (contact).
4. Legal action: If necessary, file suit at the local court and use relevant procedural forms under the civil procedure rules (court).

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Forms and Information

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Bundesgerichtshof — Mietrechtliche Rechtsprechung
3. [3] Bundesministerium der Justiz — Formulare und Informationen