Objection §574 BGB: Tenant Rights in Germany
As a tenant family in Germany, a landlord's termination can raise existential questions. An objection under §574 BGB allows you to represent the interests of family members, especially children or those in need of care, and to have a termination reviewed on social grounds[1]. In this text I explain clearly which deadlines apply, which evidence is important, how to respond formally and which steps are possible in court. I name official authorities, relevant laws and practical forms as well as a sample letter for the objection. The goal is to help you confidently ward off terminations or to find professional support in time.
What does the objection under § 574 BGB mean?
The objection under § 574 BGB allows tenants to oppose a termination if ending the tenancy would cause particular hardship for family members. For families, the weight of children, illness or care duties can be decisive. The objection is not an automatic invalidation of the termination, but it brings social reasons into the decision and can delay or prevent enforcement of the termination until a court decides[1].
Important evidence and documents
- Photos and emails: Collect photos of the living situation and written communication with the landlord.
- Medical certificates: Include medical certificates or reports if illness or care is involved.
- Witness statements: Note names and contact details of neighbors or third parties who can confirm your situation.
- Contracts and rent payments: Attach the lease, receipts and bank statements as proof of payment.
Deadlines and formal steps
Act quickly: there is no separate statutory time limit for the mere objection in the text of the law apart from general litigation deadlines; however, the landlord's timelines and possible eviction notices are decisive. If you want to sue against a termination, you usually must act within the usual procedural deadlines and file the lawsuit with the competent local court (Amtsgericht)[2]. Document receipt of all letters and send objections preferably by registered mail or hand delivery with a receipt.
Forms, templates and practical examples
There is no uniform "objection form" for tenancy terminations, but practical template wordings for an objection letter and the preparatory complaint exist. Example for a short objection letter: "I hereby object to the termination dated [date] pursuant to § 574 BGB due to the special burden on my family." Add reasons, evidence and a deadline for a response. For formal lawsuits and procedural questions, the rules of the Code of Civil Procedure (ZPO) and the form requirements of the competent local court apply[2]. Official guidance on courts and procedures can be found at authorities and courts.[3]
What to do before a court hearing?
- Evidence folder: Create a chronological folder with dates, documents and photos.
- Template letter: Prepare your objection letter with clear facts and demands.
- Court documents: File all necessary attachments with the local court on time.
- Legal advice: Check whether you are eligible for free legal advice or legal aid.
FAQ
- Can I, as a parent, object to the termination because of my children?
- Yes. If the termination would cause special social hardship for your children, you can assert this under § 574 BGB and file an objection; provide school, medical or social evidence for support.[1]
- Does an objection immediately prevent eviction?
- An objection does not automatically and indefinitely prevent an eviction; however, it can bring about a legal decision and often delay enforcement until the court has ruled.[2]
- Where do I file a lawsuit against a termination?
- Lawsuits concerning tenancy disputes are generally filed at the competent local court (Amtsgericht); higher instances are the regional court (Landgericht) or ultimately the Federal Court of Justice (BGH) for legal questions.[3]
How-To
- Collect evidence: photos, medical certificates, rent payments and correspondence.
- Draft the objection: write the objection with date, reasons and attachments.
- Send demonstrably: send by registered mail or hand-deliver and record deadlines.
- Seek legal advice: apply for legal aid if necessary and prepare court documents.
Key takeaways
- §574 BGB schützt Familien in besonderen Härtefällen.
- Eine lückenlose Dokumentation ist entscheidend für den Erfolg.
- Ziehen Sie rechtzeitig offizielle Beratungsangebote und das Amtsgericht hinzu.
