Tenant Objection §574 BGB in Germany

As a tenant in Germany you can object to a termination under §574 BGB if hardships or care or health reasons apply. This text explains step by step how to collect evidence, observe deadlines and draft a clear letter to the landlord. I describe practical documentation forms such as photos, notes, witness statements and medical certificates and show how to use template forms. You will also learn which documents the local court (Amtsgericht) may require in an eviction case and how to meet formal requirements. The goal is for you to understand your rights, act more calmly and seek support in time if necessary.

When is an objection under §574 BGB possible?

The objection applies when the termination causes unreasonable hardship for the tenant (for example severe illness, high caregiving obligations). Check the exact wording of §574 BGB and document the reasons carefully.^[1]

What you should document

• Photos (photo) of damages, defects or personal circumstances with date and time
• Correspondence (document) with the landlord, e‑mails and registered letters
• Medical certificates (proof) or confirmations about care efforts
• Witness statements with names and contact details
• Financial evidence (payment) such as bank statements when moving is impossible

Forms and responsibilities

Important forms include the application for legal advice assistance (Beratungshilfe) and the application for legal aid (Prozesskostenhilfe, PKH) for court procedures. In an eviction lawsuit, the local court (Amtsgericht) is usually responsible; inform yourself in good time about local jurisdiction and filing procedures.^[2]

Practical example: You obtain a medical certificate and attach photos and a chronology of events. You can attach this package to the objection letter to the landlord and submit it to the local court in case of dispute.

Deadlines and formal procedure

• Deadlines (days) observe: React quickly and comply with statutory or contractual deadlines
• Write objection (file): Draft a clear, dated letter with all attachments
• Court steps (court): Submit complete documents if the landlord files a lawsuit

Practical: a simple procedure

1) Collect evidence and create a chronology. 2) Send a registered letter to the landlord and keep copies. 3) If necessary, submit the documents to the local court or apply for legal aid.^[3]

FAQ

When is an objection under §574 sensible?

When the termination causes unreasonable hardship for you, for example due to illness or caregiving obligations; document these reasons in writing.

Do I have to hire a lawyer immediately?

Not necessarily: First collect all evidence and check advice assistance or legal aid before suing.

Which evidence is most important?

Photos, medical certificates, correspondence and witness statements are usually decisive.

How-To

1. Collect: Photos (photo), certificates and correspondence sorted chronologically
2. Write: Draft the objection, state date, reasons and attach evidence
3. Send: Registered letter or certified delivery and document receipt
4. File: If necessary, submit documents to the local court and check for legal aid

Help and Support

• §574 BGB — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection — Information and forms

1. [1] §574 BGB — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Bundesministerium der Justiz und für Verbraucherschutz — Information and forms