Appeal under §574 BGB: Tenant Rights Germany

What does §574 BGB mean?

Section 574 of the German Civil Code (BGB) protects tenants from a landlord's termination if continuing the tenancy would constitute an unreasonable hardship for the tenant. For seniors, age, illness or long duration of residence can play a role when a court assesses the validity of a termination.^[1]

When can seniors object?

An objection is especially worthwhile if there are health reasons, need for care, high moving costs or no available replacement accommodation. It is crucial to present and document the hardship convincingly.

• Observe deadlines: The objection should be made promptly, ideally as soon as you receive the termination.
• Informal objection: A written letter with date, signature and reasoning is sufficient.
• Collect evidence: Medical certificates, letters from care services or photos of required adaptations help.

How do I write an objection?

An objection does not require a special official form, but should clearly state why the termination constitutes an unreasonable hardship. Mention concrete reasons and attach supporting documents.

• Addressing: To the landlord, date and subject (termination of ...).
• Reasoning: State the hardship briefly and list attachments.
• Dispatch: Send by registered mail or deliver personally with receipt confirmation.

Court proceedings and jurisdiction

If the landlord subsequently files an eviction suit, the local court (Amtsgericht) is responsible; the Code of Civil Procedure (ZPO) governs deadlines and proceedings.^[2] In the proceedings your objection and submitted evidence can be decisive. In many regions you can apply for legal assistance or court cost aid.

Forms and templates

There is no uniform federal official form for the objection itself; an informal letter usually suffices. For judicial steps you will use complaint forms or information sheets from the competent local court; information is available on the justice portals.^[3]

• Objection letter (informal): date, subject, reasoning, signature.
• Complaint form for the local court: required if the landlord files suit.

Practical example

Mr. M., 78 years old, received a termination due to alleged personal use. He submitted an objection within days including a medical certificate and a statement that no alternative housing was available. The local court considered the health reasons and gave weight to the objection.

FAQ

Can I go to court immediately as a senior?

You can, but you should first file a written objection and gather evidence; legal advice before filing a lawsuit is advisable.

Is there an official deadline for the objection?

No, there is no statutory deadline for the objection itself; however, for court proceedings deadlines under the ZPO apply.^[2]

Do I need a lawyer?

A lawyer is not strictly necessary for the objection letter, but legal representation is often recommended in court and may be supported in certain cases.

How-To

1. Check the termination immediately for date and content.
2. Collect evidence such as medical certificates, care confirmations and housing offers.
3. Write an informal objection with reasons and signature.
4. Send the objection by registered mail or deliver in person and document the handover.
5. If necessary, submit documents to the local court and check eligibility for legal aid.

Help and Support

• BGB §574 — Gesetze im Internet
• ZPO — Gesetze im Internet
• Federal Court of Justice (BGH) — Official site

1. [1] Bürgerliches Gesetzbuch (BGB) §574 — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Official site