Hardship objection for tenants in Germany 2025
Many tenants in Germany face the situation that a termination or eviction is imminent, often after modernization, arrears in payments or changed life circumstances. The hardship objection under §574 BGB protects tenants if continuing the tenancy would constitute an unreasonable hardship. Correct documentation, meeting deadlines and using the right form or letter to landlord and court are decisive. This guide explains in practical terms when a hardship objection applies, which pieces of evidence are important and how to submit applications or check for legal aid. With concrete examples, a step-by-step guide and notes on the competent courts, the text helps you enforce your rights more securely in Germany.
What is the hardship objection?
The hardship objection is a tenant's objection to termination when continuing the tenancy would be a special hardship. The legal basis is §574 BGB (§574 BGB)[1], and the case can arise, for example, with serious illness, strong dependence due to age or imminent homelessness. A hardship objection must be convincingly presented and documented.
What tenants should pay attention to when documenting
- Store photos and videos as evidence of condition, damage or modernization work carefully.
- Keep written communication with the landlord, emails and letters in chronological order.
- Provide receipts, bank statements and payment records regarding payment status.
- Name witnesses and document contact details who can confirm condition or hardship.
- Note deadlines: respond within set deadlines or court‑specified dates.
Forms, templates and competent authorities
There is no nationwide standard form exclusively for the hardship objection; a simple written objection to the landlord with clear reasoning and evidence is often sufficient. Relevant official regulations are found in the Civil Code (§§ 535–580a BGB) and in the Code of Civil Procedure (ZPO) for proceedings such as eviction suits (ZPO)[2]. For court proceedings, local courts (Amtsgerichte) are responsible in the first instance; appeals go to the regional courts and, for fundamental legal questions, to the Federal Court of Justice.[3]
Practical: When a hardship objection can succeed
A hardship objection can be successful if continuing the tenancy would cause the tenant or their family exceptional hardship beyond the normal consequences of termination. Courts examine the individual case, length of tenancy, social ties, age, health and alternative housing. Present concrete facts and avoid general statements.
FAQ
- Can I submit the hardship objection in writing to the landlord?
- Yes, the hardship objection should be submitted in writing with evidence to the landlord and, if necessary, to the court; an informal written objection is common.
- Are there deadlines for the hardship objection?
- There is no separate statutory deadline in the BGB for the hardship objection itself, but act quickly: deadlines for eviction or court dates must be observed.
- Do I have to have a lawyer to raise the hardship objection?
- Not necessarily, but in complicated cases or imminent eviction proceedings legal advice is advisable; legal aid can be applied for.
How‑to
- Check the termination and note all relevant data such as date, reason and deadlines.
- Collect evidence: photos, payment records and medical certificates in chronological order.
- Draft an informal objection letter referring to §574 BGB, with reasoning and attachments; send copies to landlord and court.
- Contact the competent local court or an advice center to clarify deadlines and possible forms.
- If necessary, file documents with the court and check eligibility for legal aid or counseling assistance.
Help and Support
- [1] §574 BGB (Hardship objection) - Gesetze im Internet
- [2] ZPO - Code of Civil Procedure - Gesetze im Internet
- [3] Federal Court of Justice (BGH) - Decisions
