Tenants in Germany: Social Clause §574 with Medical Note

If you are a tenant in Germany facing eviction, the social clause under §574 BGB can offer protection when moving would be unreasonable. This text explains in plain language which proofs, especially medical certificates, are useful, which deadlines apply and how to gather evidence to credibly represent your interests both to the landlord and in court. We outline practical documentation steps, what local courts look for and which legal bases to check so you can decide whether a written objection or a court filing is necessary.

What is the social clause (§574 BGB)?

The social clause is intended to protect tenants from eviction when the consequences of moving would be unreasonable. It is crucial that disadvantages are not merely temporary and can be proven by evidence. The statutory text can be found at ^[1].

Which proofs help?

• evidence: medical certificate or report that describes why a move is unreasonable
• money: current proof of income and social benefit notices to show financial situation
• notice: lease agreement, eviction letter from the landlord and previous correspondence as chronological evidence
• evidence: photos or reports of accessibility issues if mobility is affected

Deadlines and procedures

Act quickly: a written objection or statement to the landlord should be submitted within the deadline stated in the eviction letter. If you want to proceed legally, the rules of civil procedure apply and the case is usually handled by the competent local court ^[2].

What does the court examine?

The local court assesses whether the submitted certificates and documents are plausible and sufficient. Important aspects include the currency of certificates, concrete statements about the unreasonableness of moving and the tenant's financial and social situation. Relevant case law from the Federal Court of Justice can influence interpretation of the provision ^[3].

Practical steps for tenants

• evidence: obtain a medical certificate that clearly states reasons and findings
• notice: copy the eviction notice and lease and arrange them chronologically
• money: assemble income, expenses and social benefit notices
• contact: seek contact with legal advisory services (tenant association or lawyer) before deadlines expire

FAQ

How specific must a medical certificate be?

The certificate should specifically explain why a move is unreasonable, referring to findings, limitations and a clear time frame.

Can I stop an eviction with a single certificate?

A certificate increases the chances but may not be sufficient on its own; financial and social circumstances are also considered.

Where can I turn if the landlord does not respond?

Contact the competent local court or an official legal advisory service to clarify the next steps.

How-To

1. evidence: schedule a medical examination and request a written certificate
2. notice: collect and date eviction notice, lease and all relevant letters
3. money: organize financial documents and prepare a short overview of monthly burdens
4. contact: consult legal advice or a tenant association and check deadlines
5. court: if necessary, file a claim or response at the competent local court

Help & Support / Resources

• [1] Gesetze im Internet: BGB §574
• [2] Gesetze im Internet: ZPO
• [3] Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet: BGB §574
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof (BGH)