Objection 574 BGB for Tenants in Germany

As a tenant in Germany, families can challenge an ordinary or extraordinary termination. This article explains step by step how to practically document an objection under §574 BGB: which deadlines apply, which evidence (rental agreements, correspondence, photos of defects) is important, and how to securely record appointments and conversation notes. I describe clearly when an objection has a chance of success, which authorities or courts are involved and which official forms are used in practice. The goal is that you as a tenant are prepared, can assert your rights and present clear, comprehensible evidence in case of dispute.

What is the objection under §574 BGB?

§574 BGB protects close relatives and families in certain cases from a landlord's termination; an objection can be justified if ending the tenancy would constitute a particular hardship for the family. For specific legal questions about §§ 535–580a BGB you should review the statutory texts^[1] and seek legal advice if necessary.

Step-by-step: Documentation for families

• Records / evidence: Collect the rental agreement, addenda, handover protocols, receipts and written agreements.
• Deadlines / time: Note all deadlines, receipt and dispatch dates; record dates and times of handovers.
• Photos & repairs / repair: Photograph defects and document repair requests and contractor appointments.
• Correspondence & forms / form: Keep copies of termination letters, objection letters and relevant forms.
• Payment proofs / rent: Keep rent payments, security deposit and utility bills complete and organized.
• Witnesses & contacts / call: Record names and contact details of neighbors, social services or advisory centers.

Filing an objection and deadlines

A formally correct objection does not require a special form, but a mere oral statement is usually insufficient; it should be made in writing, address the reason for termination and explain why a hardship exists under §574 BGB. If the matter goes to court, civil procedural rules under the ZPO are relevant, especially for eviction lawsuits and claim deadlines^[2].

Forms and practical examples

Practical example: A family documents housing needs, health reasons and age proofs, and sends a recommended objection letter with evidence by registered mail. Official forms for court actions are available at the competent local court; usually no official form is required beforehand for the objection itself.

FAQ

Who can file an objection under §574 BGB?

Basically the tenant or family members living with them in a domestic community; decisive are hardship reasons that justify continuation of the tenancy.

What deadline applies to an objection?

There is no uniform statutory deadline for an extrajudicial objection, but act quickly and document dispatch and receipt dates; in court proceedings the deadlines of the ZPO apply.

What evidence is relevant?

Rental agreement, correspondence with the landlord, photos of defects, payment receipts, medical certificates and witness statements are particularly important.

How-To

1. Collect: Assemble copies of the rental agreement, letters and payment receipts.
2. Document: Take photos of defects and record repair appointments.
3. Date: Chronologically note all receipt and dispatch dates as well as appointments.
4. Draft: Prepare an objection letter, state hardship reasons briefly and factually.
5. Send: Submit in writing by registered mail or in person against a receipt confirmation.
6. Prepare: In court proceedings, compile files, copies and witness designations.

Key takeaways

• Keep thorough, dated records of all communications and payments.
• React promptly to deadlines and legal notices to protect your rights.

Help and Support / Resources

• Gesetze im Internet – BGB (Federal Ministry of Justice)
• Justice Portal – Local Courts
• Federal Court of Justice (BGH) – Case law

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Justice Portal – Local Courts and Procedures