Tenants in Germany: Offer Duty and Alternative Housing

Many tenants in Germany face the question of whether the landlord must offer an alternative dwelling, for example during modernization, health risks, or termination-related issues. This guide explains in plain language when the so-called duty to offer applies, how a medical certificate can strengthen your rights, and which deadlines and proofs tenants should observe. I describe practical steps, from documenting the defect to properly filing an objection or lawsuit, and list official agencies and forms that can help. The goal is to support tenants in enforcing their rights under tenancy law in Germany clearly and confidently.

What does duty to offer and alternative housing mean?

The duty to offer may arise when the landlord must provide another housing solution due to owner occupancy, modernization, or a defect. Relevant regulations on the tenancy agreement and maintenance can be found in the BGB and the related paragraphs that govern landlord and tenant obligations.^[1]

When does a medical certificate help?

A medical certificate can be necessary if health reasons justify an alternative dwelling, rent reduction or delay of eviction. A plausible certificate states date, findings and, if applicable, a prognosis; sensitive diagnoses should only be disclosed as far as necessary for the legal assessment.

• Obtain the certificate from the GP or specialist (evidence).
• Copy the certificate and document receipt or dispatch (form).
• Collect additional evidence: photos, defect reports and rent payments (evidence).

Steps: How tenants should respond

1. Check deadlines: respond within statutory or contractual time limits, otherwise rights may lapse (time).
2. Report defects in writing and request an alternative dwelling; send the certificate to the landlord and document the dispatch (form).
3. If refused, contact the responsible authority: local court for tenancy disputes or seek legal advice (contact).
4. If necessary, consider eviction proceedings or interim measures and keep evidence ready (court).

Rights if the landlord refuses

If the landlord refuses an alternative dwelling or the certificate, formal steps often remain: reminder, setting a deadline and ultimately filing a lawsuit at the competent local court. Case law of the Federal Court of Justice may be relevant for fundamental or legally complex questions.^[2]

FAQ

Does the duty to offer always apply during modernization?

No. Whether an alternative dwelling must be offered depends on the scope of the measures, reasonableness and contractual arrangements.

Can a certificate prevent an eviction?

A certificate does not automatically prevent an eviction, but it can support a claim for alternative accommodation, postponement or rent reduction.

Where should I submit documents if the landlord does not respond?

Document dispatch and receipt and, if necessary, file a lawsuit at the competent local court; keep copies of all letters and evidence.

How-To

1. Obtain certificate: appointment with the doctor, have the certificate issued with date and relevant information (form).
2. Send written request to landlord: demand alternative dwelling, set a deadline and attach the certificate (form).
3. Secure evidence: collect photos, defect reports and proof of dispatch (evidence).
4. If necessary, file lawsuit at the local court or consider interim relief (court).

Key Takeaways

• A certificate can strengthen rights but does not replace legal action.
• Observe deadlines: many procedures lose effect without timely action.

Help and Support / Resources

• Gesetze im Internet: BGB texts and statutes (forms and legislation)
• Federal Court of Justice: decisions on tenancy law and precedents (court)
• Federal Ministry of Justice and Consumer Protection: sample letters and services (contact)

1. [1] §§535–580a BGB - Gesetze im Internet
2. [2] BGH Mietrecht Entscheidungen - Bundesgerichtshof
3. [3] Musterbriefe / Formulare - Bundesministerium der Justiz und für Verbraucherschutz