Apply Sozialklausel §574 BGB – Tenants in Germany
The Sozialklausel under §574 BGB protects tenants in Germany who can prove an unreasonable hardship in case of a legitimate eviction. This text explains in plain language who is eligible, which documents you should collect and which deadlines apply. I show practical steps for applying, explain relevant forms and name the authorities and courts that make decisions. The guide helps to review social selection, prepare objections and, if necessary, involve the local court. You will learn which proofs regarding income, household size and health are particularly relevant, how to show rent arrears or check alternative housing offers. If possible, collect school certificates, unemployment benefit notices and medical certificates as evidence.
What is the Sozialklausel?
The Sozialklausel in §574 BGB allows a tenant to contest a legitimate eviction if the continuation of the tenancy would constitute an unreasonable hardship for them or if termination would represent an undue hardship for the landlord. The provision sets criteria courts examine. Read the legal text carefully and note the points relevant to your case.[1]
Who is eligible?
- People with low income or facing homelessness
- Households with small children or school-age minors
- Severely ill or permanently care-dependent persons
- Persons with documented applications for suitable alternative housing
Procedure and Deadlines
Typically the sequence is: landlord's written notice, tenant reviews the notice, submission of an objection or statement invoking the Sozialklausel, and possibly filing a lawsuit at the local court. Act quickly: deadlines can be short and missing them reduces your chances.[2]
- Check: read the notice immediately and note deadlines.
- Preserve deadlines: submit objection or statement within the time given.
- Gather evidence: income statements, bank statements and medical certificates.
- Court: the local court will weigh the hardship.
Forms and Evidence
There is no single central form for every case, but the following documents are frequently required. Some local courts provide a complaint form or submission guidance; check the responsible Amtsgericht for local requirements.[3]
- Proof of income (pay slips, unemployment benefit notices)
- Proof of household size (registration, school certificates)
- Medical certificates for illness or care needs
- Evidence of housing applications or attempts to find alternatives
FAQ
- What does "unreasonable hardship" mean under the Sozialklausel?
- An unreasonable hardship exists when ending the tenancy would cause significant personal, economic or health disadvantages for the tenant.
- Which deadlines matter when served with an eviction?
- Read the eviction immediately; objection or lawsuit deadlines are often short. Act within the stated time and notify the local court if needed.
- Who decides on applying the Sozialklausel?
- The competent local court (Amtsgericht) usually rules on applying the Sozialklausel in disputes.
How-To
- Check the eviction notice and note deadlines.
- Collect evidence: income slips, medical certificates, school certificates.
- Write a short statement invoking the Sozialklausel and attach evidence.
- Contact the local court or an advisory service to verify local form rules.
- Submit objection or lawsuit; follow accepted submission methods (mail, in-person, possibly electronic).
- Document every step and keep copies of correspondence.
Help and Support / Resources
- §574 BGB in the official legal text
- Federal Ministry of Justice (information on courts)
- Federal Court of Justice (case law on tenancy)
