Termination of personal needs: Health hardship as an effective hardship claim — strengthening tenant rights

What does hardship objection in case of termination of personal use mean in tenancy law?

‍

If there is a notice of personal use in the room, many tenants become existential concerned — especially if there are health problems. But tenancy law offers protection: The so-called hardship complaint (Section 574 BGB) makes it possible to object to termination if the move would have unreasonable health or social consequences.

‍

Read more about cancellations in general here And here

‍

What is the “hardship objection” specifically?

Definition: The hardship claim is a legal protection instrument for tenants who would find themselves in an unacceptable living situation as a result of losing their home.

Practical relevance: Particularly in the event of illness, disability, old age or psychological stress, a successful hardship claim can extend the tenancy.

‍

The new BGH case law on health hardship — what has changed?

‍

An important turning point for tenant protection: In spring 2025, the Federal Court of Justice clarified that detailed statements from psychotherapists (under the Alternative Practitioners Act) or other medically qualified practitioners can provide proof of health hardship — a simple specialist medical certificate is no longer absolutely necessary!

‍

This case law significantly strengthens the position of tenants: The substance and comprehensibility of the health hardship reason are now in the foreground — no longer just academic titles and formalities.

‍

Table: Evidence requirements in the case of hardship — old age vs. new BGH case law

‍

‍

‍

How to substantiate health hardship — practical tips for a successful objection

‍

The correct and substantiated presentation is crucial for a successful hardship claim in the event of termination of personal needs. With the new BGH line, tenants have more options, but still have to “deliver”:

‍

Checklist for your practitioner's opinion

‍

‍

Overview: Old vs. new proof requirements in the case of hardship

The decision of the Federal Court of Justice provides tenants with more flexibility, but also makes it clear: Without a specifically comprehensible and well-founded presentation of the health risk, the hardship claim remains legally vulnerable.

Brief overview:

Previous practice: A specialist medical certificate was virtually mandatory; superficities in the presentation led to rejection.

According to the Federal Court of Justice ruling 2025: The more individual, detailed and comprehensible the evidence and context, the higher the chances of success — regardless of the title of the practitioner.

FAQ: Frequently asked questions about health hardship in the event of termination

1. Do I even have to present a certificate from a specialist now?
Not necessarily — what is important is a substantiated, detailed statement from a medically qualified therapist. The power of persuasion in terms of content counts.

2. Does the BGH ruling apply to all types of dismissal due to personal use?
Yes, it concerns all personal use cancellations made by private residential tenancies.

3. My therapist is not a specialist, but a psychotherapist “HPG”. Is his opinion accepted?
Yes, provided that she is professionally qualified and clearly describes the individual risks.

4. What happens if the landlord disputes the hardship reasons?
The court will then independently examine and, if necessary, obtain a medical expert opinion.

5. Can I rely on the verdict even if my illness is not mental but physical?
Basically yes — the relevant criterion is always the comparability of the practitioner's qualifications with the respective clinical picture.

Conclusion: What is important now — Proactive tenant protection through legal advice

The new Federal Court of Justice case law focuses more on the perspective of affected tenants. Anyone who is at risk of health can successfully ward off dismissal with a well-founded hardship complaint — provided that the presentation is careful and detailed. A specialized lawyer ensures that deadlines are met, that your rights are enforced and that necessary supporting documents are optimally prepared.

recommendation:
Contact us as soon as possible after receiving a notice of personal use. This is the only way to comprehensively assess your prospects of successfully invoking health hardship and strategically prepare the best course of action.

Your advantage:

‍
Lawyer Depenbrock from Telgte advises you individually on the hardship claim in the event of termination in tenancy law and effectively asserts your interests. Take advantage of legal assistance in good time — even the initial consultation can be decisive!

Please note: The content of our website is for informational purposes only and does not replace qualified legal advice that addresses the specific circumstances of your individual case. The legal situation can always change as a result of new court rulings or legal changes. If you would like a binding legal opinion or personal advice, we will be happy to help you. Get in touch with us anytime.

Cover photo:
Photo by photos upon Unsplash

‍