Objection §574 BGB: Tenant Rights in Germany
As a tenant in Germany, a termination by the landlord can raise immediate questions about deadlines and objection options. This guide explains clearly and practically how to meet deadlines under §574 BGB, which formal steps are necessary for an effective objection, and when court assistance is advisable. It is aimed at tenants without a legal background and shows how to collect evidence, meet appointments, and which courts are responsible. We also name official forms and authorities relevant for eviction suits, objections to terminations and applications for legal aid. At the end you will find a short step-by-step guide and links to official government information pages.
What does an objection under §574 BGB mean?
The objection under §574 BGB allows tenants to oppose an ordinary termination if continuing the tenancy would be unreasonable for the tenant or their relatives. In practice this concerns serious illnesses, pregnancy, or care cases; individual circumstances can be decisive. The objection must be made in writing and justified; it is most reliably received by sending it to the landlord by registered mail or delivering it personally against receipt.[1]
Important deadlines and first steps
- Act immediately: Note date and time as soon as you receive the termination.
- Written objection: Draft a short dated letter with reasons and signature.
- Collect evidence: Secure photos, medical certificates, correspondence and witness statements.
- Check the responsible court: Verify the competent local court (Amtsgericht) early on.
Forms, procedures and competent authorities
There is no nationwide standard template for the objection, but important forms include the application for legal aid (Prozesskostenhilfe, PKH) for financial support in a lawsuit. Eviction claims and civil procedures are governed by the Code of Civil Procedure (ZPO); information on procedural steps can be found at the official sources.[2][3]
- Legal aid (PKH): Apply at the competent local court if you cannot afford court costs.
- Eviction claim: Usually filed by the landlord; as a tenant you should file a timely objection and your own justification.
- Advice: Contact the court's legal filing office or official advisory services.
FAQ
- How long do I have to object?
- There is no uniform short-term deadline in days; act as quickly as possible and send the objection in writing with date and reasons.
- Which proofs are important?
- Medical certificates, photos of the apartment condition, witness statements and written communication with the landlord are central evidence.
- Who is responsible for tenancy disputes?
- Tenancy disputes are usually heard in the first instance by the competent local court (Amtsgericht); higher instances are the regional court (Landgericht) and for legal principles the Federal Court of Justice (BGH).
How-To
- Collect evidence: Gather photos, certificates and correspondence before deadlines lapse.
- Send objection: Write a dated, signed objection letter and send it by registered mail or deliver it personally against receipt.
- Advice and lawsuit: Seek legal advice; apply for legal aid if needed and prepare documents for the local court.
- Attend appointments: Attend court dates and have copies of all evidence ready.
