Objection §574 BGB: Tenants in Germany
What is the objection under §574 BGB?
The objection under §574 BGB protects tenants when a landlord's termination causes special hardship. It is not an automatic ban on termination but a legal argument why ending the tenancy would be unreasonable for the tenant. In court tenants must credibly present the special circumstances and the consequences of termination, such as health reasons, impossibility of timely moving, or imminent homelessness.[1]
When is an objection worthwhile?
An objection can be worthwhile if a move would represent particular hardship for financial, health or social reasons. The key question is whether continuing the tenancy would be unreasonable for the landlord or whether the tenant has special protection grounds. In unclear cases quick action is important: documentation, medical certificates and proof of family ties strengthen the argument.
Immediate steps for tenants
- Collect evidence: photos, letters, medical certificates and payment records.
- Check deadlines: act promptly so you do not lose procedural rights.
- Contact the landlord: ask in writing and request clarification.
Forms and templates
Important are a clearly worded objection and, if necessary, an additional letter describing the hardship. Useful documents include a sample objection letter and a template to list your housing situation. Prefer official templates or professional forms and add your evidence. The federal ministry's sample templates or official guidance help with wording and formal requirements.[2]
Court and procedure
Rental disputes are usually heard at the competent local court (Amtsgericht); eviction or declaratory actions are handled there. Appeals go to regional courts and in rare cases a matter may reach the Federal Court of Justice. Inform yourself early about jurisdiction and required documents to meet deadlines and avoid formal mistakes.[3]
FAQ
- Can I immediately object to any termination?
- Yes, in principle tenants can object; effectiveness depends on proving special hardship.
- What deadline applies to an objection?
- There is no uniform "objection deadline" in the BGB, but quick reactions and meeting procedural deadlines are often crucial, especially in court cases.
- Do I need a lawyer?
- A lawyer can assess prospects and draft submissions securely, but is not strictly required.
How-To
- Collect all relevant evidence: tenancy agreement, termination letter, payment records, medical certificates.
- Draft an objection describing the hardship in detail and attach evidence.
- Send the letter with proof of delivery (registered mail or court filing) and keep records.
- Prepare for possible court proceedings and consider legal advice.
Key Takeaways
- A credible hardship can offer protection against termination.
- Early documentation and prompt action improve chances of success.
- Local courts (Amtsgerichte) initially handle tenancy disputes.
Help and Support / Resources
- §574 BGB – Gesetze im Internet
- Federal Ministry of Justice – Form Guidance
- Federal Court of Justice – Civil Procedure Information
