Tenant Rights & Alternative Flat Offers in Germany
What does the obligation to offer and an alternative flat mean?
When a landlord terminates a tenancy or plans renovations, they may in some cases be obliged to offer you an alternative flat or first carry out a review. The legal basis for tenancy and maintenance is found in the Civil Code (BGB).[1] Disputes about housing offers are usually decided in the local court first.[4]
In many cases the landlord must examine whether an equivalent alternative is possible.
Common mistakes by tenants
- Missing deadlines: submitting responses or objections late.
- Poor documentation: photos, emails and handover records are missing.
- Accepting offers only verbally instead of requesting them in writing.
- Not using a template letter: unclear wording weakens your arguments.
Keep every message and offer in writing.
Template letters & official forms
Good template letters help to state claims clearly. Important templates include a factual objection or response letter and the complaint form for eviction proceedings. Use official forms or verified templates as a basis and adapt details (date, deadlines, address). Examples show how to draft a short template letter and which details must not be missing.[4]
A precise template letter increases the chances of being taken seriously.
How‑to
- Set a deadline: ask the landlord in writing for repair or for a written offer within a clear deadline.
- Collect documents: secure photos, email threads and witness statements.
- Request an alternative flat in writing: ask for a concrete written offer with address and terms.
- Send a template letter: use a standardized letter and ideally send it by registered mail.
- Consider court action: if no agreement is reached, a lawsuit may be necessary; the Code of Civil Procedure governs the process.[2]
A clear sequence of steps reduces uncertainty and saves time.
Key takeaways
- Deadlines matter: do not miss response or objection deadlines.
- Documentation protects you: collect all evidence and photos thoroughly.
- Use template letters to state your concerns clearly and objectively.
Help and support
- BGB: Civil Code – legal provisions on tenancy
- Federal Court of Justice – decisions and rulings on tenancy law
- Federal Ministry of Justice – information on courts and forms
