Appeal Under §574 BGB for Tenants in Germany

As a senior in Germany, a looming lease termination can be especially stressful. When a landlord issues a termination, § 574 BGB protects tenants through special protection against termination, because hardship reasons such as age, illness or long tenancy are examined. This guide explains in plain language how you, as a tenant, can file an appeal in time, which deadlines and proofs are important, which local courts are responsible and which official forms and legal texts you can use. I provide sample wording, explain deadlines and show which local courts in Germany are responsible. At the end you will find a clear step-by-step guide, an FAQ and links to official laws and courts.

What does § 574 BGB regulate?

§ 574 BGB protects tenants who cannot reasonably be expected to continue the tenancy due to special hardship; especially older or ill tenants can oppose terminations and thus delay an eviction until the court decides ^[1].

When should seniors file an appeal?

An appeal is advisable when health reasons, long tenancy or social hardship apply. File a written appeal in time and justify it briefly and concretely.

• File the appeal in writing immediately after receiving the termination and send it in a verifiable way (observe deadlines).
• Attach medical certificates, care assessments or benefit notices as evidence.
• Write a short, clear justification: age, illness, unreasonableness of eviction.
• Consider seeking court assistance; local courts (Amtsgerichte) are usually responsible for tenancy disputes.

How to phrase the appeal?

The appeal does not need to be a long complaint. State the date, address, termination date from the landlord, your reasons (e.g. severe illness) and attach documents. Request a confirmation of receipt or send by registered mail.

Important procedural steps

1. Send a written appeal within a short time after receiving the termination.
2. Justify the appeal and attach evidence.
3. If the landlord files for eviction, the local court is responsible; submit your documents there.
4. Seek advice from local tenant counseling or the local court beforehand.

Forms and official texts

There is no nationwide mandatory form for an appeal, but for court proceedings you use complaint forms and guidance under the Code of Civil Procedure (ZPO); the relevant legal texts help with wording and deadlines ^[2]. Local courts provide information on required documents for eviction proceedings.

Example: Sample appeal (short)

Write the date, subject ("Appeal against termination dated ..."), your address, a short justification (e.g. "severe chronic illness, impossibility of eviction"), and list attached evidence. Sign by hand.

FAQ

Can I stay in the apartment immediately as a senior if I appeal?

An appeal does not automatically delay eviction, but it prevents immediate forced eviction until the court has decided.

What evidence is important in case of illness?

Medical certificates, care assessments or proof of social benefits are helpful.

Which court is responsible?

Local courts (Amtsgerichte) are usually responsible for tenancy disputes; appeals go to the regional court and fundamental questions to the Federal Court of Justice (BGH) ^[3].

How-To

1. Note the delivery date of the termination.
2. Prepare a written appeal and attach evidence.
3. Send the appeal by registered mail or obtain proof of delivery.
4. Inform the local court if the landlord files a claim and submit copies there.

Key Takeaways

• Meeting deadlines is central to protecting your rights.
• Detailed evidence increases the chances of a successful appeal.

Help and Support / Resources

• Gesetze im Internet: §574 BGB
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – §574 BGB
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions on tenancy law