Tenant Rights: Alternative Housing in Germany

Many tenants in German cities face the question of how to prove an alternative dwelling and what the landlord's statutory obligation to offer alternatives means. This article clearly explains which documents, deadlines and formal steps are important, how to review and document offers, and when legal action may be justified. I guide you through relevant sections of the BGB^[1], name specific forms and show practical examples of evidence and correspondence. The guidance is aimed specifically at tenants in Germany who must deal with their landlord due to forced moves, handover of the apartment or health problems. At the end you will find a step-by-step procedure and official links to laws and courts.

What does the obligation to offer and alternative housing mean?

The obligation to offer means that the landlord must check, in case of termination or necessary repurposing, whether they can offer a reasonable alternative dwelling. For tenants, it is important to know which criteria an offer must meet (location, size, rent) and how thoroughly an offer should be documented. In disputes, the local court (Amtsgericht) usually decides; civil proceedings under the ZPO are decisive for legal actions^[2].

Which proofs help?

• Photos and videos of the replacement dwelling (photo) and the current condition of the rented apartment.
• Correspondence by e-mail or letter as documentation (document).
• Counteroffers, landlord responses or refusals as formal proof (file).
• Date entries and deadlines, e.g. viewing appointments or response times (deadline).
• Cost estimates and comparison offers on appropriate rent (rent).

Forms, templates and courts

For concrete legal steps you often do not need a special "rental form", but standardized claim or application forms may be used in court proceedings. For eviction claims and other civil procedures the competent local court (Amtsgericht) is the starting point; appeals go to the Landgericht and possibly the Federal Court of Justice^[3]. For legal aid or consultation support, use the respective application forms of your judicial authority.

How-To

1. Collect all evidence: photos, e-mails, viewing appointments and written offers (photo).
2. Note deadlines and respond within the given times to avoid losing rights (deadline).
3. Prepare and complete required forms or draft a formal complaint (file).
4. If no agreement is reached, file a claim or application at your local court (court).

FAQ

Which proofs are sufficient for an alternative dwelling?

Photos, a description of the dwelling with size and location, rental price comparisons and correspondence with the landlord are the most important proofs.

Within which deadline must I react?

React as soon as possible and at the latest within the specific deadline in the landlord's letter; otherwise you risk losing claims.

Who decides in disputes?

Initially the competent local court (Amtsgericht); on appeal the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).

Help and Support

• [1] BGB - Bürgerliches Gesetzbuch
• [2] ZPO - Zivilprozessordnung
• [3] Federal Court of Justice (BGH) - bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) - bundesgerichtshof.de