Tenant Rights in Germany: Social Clause §574 BGB

As a tenant in Germany, termination and forced eviction can be very stressful. This guide clearly explains how to use the Social Clause under § 574 BGB when a termination for personal use or other reasons threatens. You will learn which medical certificates are relevant, how to draft template letters and which deadlines to observe. I describe step by step how to document findings, file an objection and when the local court (Amtsgericht) is competent. The information is based on applicable German law and official forms so you can act with confidence without legal expertise. At the end you will find instructions for submitting certificates, sample texts for objections and guidance on when legal advice is necessary.

What is the Social Clause?

The Social Clause in § 574 BGB protects tenants when an ordinary termination due to personal use or other legitimate interests is threatened. It allows you to object to the termination if ending the tenancy would represent an unreasonable hardship for the tenant or their relatives.^[1]

When does a medical certificate help?

A medical certificate can prove that a move would be an unreasonable hardship for health reasons. The certificate should clearly state which health restrictions exist and why moving would be harmful. Submit certificates as early as possible and document who issued them.

Which wordings are helpful?

• Medical diagnosis with a clear justification why moving harms health.
• Information on treatment needs and access to therapies at the current residence.
• Contact details of the issuer, date and signature.

Practical templates and deadlines

Use template letters to file an objection or to notify the landlord of the Social Clause. Write factually, include copies of certificates and set clear deadlines for a response. Official guidance and templates are available from the Federal Ministry of Justice and official legal portals.^[2]

• Objection letter referring to § 574 BGB with brief explanation of hardship.
• Template letter requesting postponement of termination when care or therapy is affected.
• Deadlines: respond within the specified period or file a written objection immediately.

What to do if a dispute arises?

If the landlord does not agree, clarification in court may be necessary. The local court (Amtsgericht) is usually responsible for tenancy disputes; eviction suits and similar procedures are heard there. Learn the procedural steps in advance and file all evidence.^[3]

Common documents

• Copy of the lease and recent utility statements.
• Copies of all communication with the landlord (emails, letters).
• Medical certificates, reports and therapy plans.
• Photos or other evidence supporting the situation.

FAQ

Can I rely on § 574 BGB against any termination?

No. You must show that the termination represents a particular hardship for you or a family member, supported by certificates.

Is a private certificate sufficient?

Generally yes if medically sound; specialist certificates are often more persuasive.

Who decides disputes about the Social Clause?

Disagreements are usually decided by the local court (Amtsgericht) in civil proceedings.

How-To

1. Collect: Review lease, correspondence and medical documents.
2. Obtain certificate: Schedule a doctor appointment and request a clear written justification.
3. Write objection: Send a written template letter with copies of the certificates to the landlord.
4. Observe deadlines: Record receipt and response deadlines and act on time.
5. Court steps: Prepare files for the local court or seek legal advice if necessary.

Help and Support

• BGB §574 on gesetze-im-internet.de
• Information and forms at BMJV.de
• Case law and decisions at bundesgerichtshof.de

1. [1] BGB §574 on gesetze-im-internet.de
2. [2] Templates and guidance at BMJV.de
3. [3] Information and decisions at bundesgerichtshof.de