Objection under §574 BGB for Tenants in Germany

What does §574 BGB regulate?

Section 574 of the German Civil Code protects tenants from termination if continuing the tenancy would cause them unreasonable hardship. The personal circumstances and the consequences of moving are decisive; the court balances the landlord's interest against the tenant's hardship.^[1]

When do seniors have good chances?

Typical reasons a court may accept as hardship for senior tenants include medical limitations, need for care, or lack of replacement housing within a reasonable distance. The situation is always decided on a case-by-case basis.

• Need for care or serious health consequences resulting from a move.
• Lack of alternative housing or long waiting lists on the housing market.
• Close need for local medical care or caregivers.

How do I justify the objection?

An effective objection states objectively why the termination constitutes significant hardship. Describe the concrete situation, name witnesses and attach evidence. If appropriate, explicitly request that the tenancy continue and specify possible deadlines for clarification.

• State concrete facts: illness, need for care, lack of moving options.
• Attach evidence: medical certificates, care assessments, confirmations about housing offers.
• Include formal details: full name, address, date of termination, signature.

Practical steps and deadlines

Send the objection in writing to the landlord and document the delivery. If a lawsuit follows, the local court decides according to the rules of civil procedure on eviction suits and applications.^[2] Check early whether legal aid or consultation assistance is possible.

1. Send the objection in writing to the landlord and document receipt (registered mail or personal receipt with witnesses).
2. Collect all relevant evidence: medical certificates, care orders, proof of housing search.
3. If a court dispute arises, apply in good time for legal aid or consultation assistance if costs are a problem.^[3]

Official forms

You can read the exact legal text of §574 BGB online; consult it to classify your case: §574 BGB^[1]. Information on court procedure is in the Code of Civil Procedure: ZPO^[2]. Guidance and forms for legal aid and consultation assistance can be found on the justice portal: Justizportal^[3].

Important official forms and when to use them:

• Application for consultation assistance: used when you need out-of-court legal advice and cannot afford the costs; example: funding a legal consultation to draft the objection.
• Application for legal aid (PKH): apply for PKH if court costs arise and your financial situation prevents payment; example: support in an eviction suit before the local court.

FAQ

Can I as a senior immediately file an objection?

Yes, you can file a written objection against the termination at any time; it is decisive that you set out the concrete reasons and evidence.

Who decides on the objection?

If a lawsuit is filed, the local court decides; the court examines the hardship grounds and can reject or postpone the eviction.

What does a procedure cost and can I get help?

Court and lawyer costs may be incurred; in many cases legal aid or consultation assistance is available if your financial situation makes payment difficult.

How-To

1. Check deadlines: read the termination carefully and note dates and deadlines.
2. Draft the objection: state facts, hardship grounds, and requested outcome in writing.
3. Gather evidence: certificates, care documents, proof of housing searches.
4. Contact the local court or an advisory service to clarify deadlines and possible forms.

Help and Support / Resources

• §574 BGB – Gesetze im Internet
• ZPO – Gesetze im Internet
• Justizportal of the Federal and State Courts

1. [1] §574 BGB – Gesetze im Internet
2. [2] ZPO – Gesetze im Internet
3. [3] Justizportal of the Federal and State Courts