Hardship Objection for Tenants in Germany 2025
As a tenant in Germany, you often face the question during modernizations or terminations whether a hardship objection may succeed. This text plainly explains what a hardship objection under §574 BGB means, which deadlines and evidence are important, and how to act in practice: written objection, documentation and, if necessary, response in the local court. You will receive a verifiable checklist, tips for relevant wording and concrete examples when social or health reasons can prevent termination. The guide is practical and tailored to the situation of tenants in Germany 2025 so you can meet deadlines and enforce your rights effectively. Use the checklist as a guide.
What is a hardship objection?
A hardship objection is the tenant's written objection to termination when continuation of the tenancy would be unreasonable considering personal or economic burdens; the legal basis is §574 BGB.[1]
When is a hardship objection worthwhile?
- Respond in writing within the notice period (deadline).
- Demonstrate significant financial hardship, for example due to rising rent payments (rent).
- Document health reasons and collect supporting evidence (evidence).
Which proofs help?
- Medical certificates and reports (evidence).
- Bank statements and payslips to show financial situation (rent).
- Tenancy agreement, correspondence with the landlord and cost breakdowns (document).
Forms & deadlines
There is no uniform federal form for a hardship objection; usually a written objection to the landlord with supporting documents is sufficient. Act within the stated deadlines and refer to §574 BGB.[1] If the landlord goes to court, the ZPO regulates the procedure.[2]
- Draft a written objection to the landlord and attach evidence (form).
- If an eviction suit is filed, submit a timely response to the local court (court).
FAQ
- What does the hardship objection mean?
- The hardship objection under §574 BGB is the tenant's objection to termination of the tenancy if continuation would be unreasonable.[1]
- How quickly must I react?
- You should react in writing immediately and observe deadlines; in disputes, the response within the court claim period is decisive.[2]
- Do I need a lawyer?
- You can respond without a lawyer, but in complex cases or eviction suits legal assistance is advisable; BGH case law provides guidance.[3]
How-To
- Collect all evidence: certificates, bank statements, correspondence (evidence).
- Write a clear written objection to the landlord and attach proof (form).
- If an eviction suit is filed, submit a timely response to the local court (court).
- Keep track of all deadlines and document appointments (deadline).
