Objection §574 BGB: Avoid Tenant Errors in Germany

Many older tenants face the challenge of responding correctly to a termination. In Germany, an objection under §574 BGB is an important protection when a termination causes particular hardship for seniors. This article explains in plain language which formal deadlines apply, how to justify the hardship, and which common mistakes to avoid. We show concrete steps, which evidence is helpful, how to meet deadlines and when a visit to the local court is necessary. The aim is to give you, as a tenant, practical actions so that an objection is effective and your rights under termination protection are preserved. At the end you will find a guide, FAQ and official links to laws and courts.

What §574 BGB means

§574 BGB protects tenants when the termination of the tenancy represents a particular social hardship. For seniors, this can be due to illness, reduced mobility, or lack of alternative housing. An effective objection must specify and prove the hardship; otherwise the remedy will be ineffective.^[1]

Common mistakes when objecting

• Missing deadlines — missing a deadline often results in loss of rights.
• Insufficient justification — lack of concrete hardship or medical evidence.
• Formal errors — missing signature or no written delivery.
• Missing documentation — no rent receipts or medical reports.
• Too slow reaction — responding only after deadlines have passed.

How to justify the objection

An objection should be made in writing and clearly state which special hardships exist (e.g. health restrictions, need for care, lack of relocation options). Attach concrete evidence: medical certificates, care notices, or social reports. There is no mandatory standard form for the objection itself, but you can also apply for legal aid or assistance if you need help writing or going to court.^[3]

When to go to court

If the landlord rejects the objection or maintains the termination, an eviction lawsuit may follow. The local Amtsgericht is usually responsible for rental matters; higher appeals go to the Landgericht and the Federal Court of Justice for precedent-setting issues.^[2]

Collecting evidence

• Collect rent payments and receipts and store them in chronological order.
• Include proofs of costs or financial limitations.
• Attach medical certificates, care assessments, and official notices.
• Document correspondence with the landlord, including proof of delivery.

FAQ

Can I file an objection as a senior without a lawyer?

Yes, a written objection is possible without a lawyer; if in doubt, legal aid or tenant advice can help.

What deadline applies to the objection?

There is no single statutory deadline for the objection itself, but many steps related to termination protection require prompt action; court deadlines must be observed.

Which evidence is most important?

Medical certificates, care degree notices, rent payment receipts and proof of no alternative housing are particularly helpful.

How-To

1. Check the termination and deadlines immediately.
2. Write a written objection with a concrete hardship justification and sign it.
3. Attach copies of medical certificates, care assessments and rent receipts.
4. Apply for legal aid or process-cost assistance at the competent court if necessary.
5. If needed, file a timely lawsuit at the competent local court.

Help and Support

• BGB §574 on Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice (information and forms)

1. [1] §574 BGB – Gesetze im Internet (Federal Ministry of Justice)
2. [2] Federal Court of Justice – decisions and information
3. [3] Federal Ministry of Justice – information on legal aid and forms