Objection under §574 BGB for Tenants in Germany
As a tenant in Germany, you can oppose a termination for personal use or other extraordinary terminations with an objection under § 574 BGB. This guide explains in plain terms how to check the termination letter, collect evidence and object in writing. It shows which deadlines (deadline) matter, which documents (document, photo) are useful and when to involve the local court (court). The goal is that you understand your rights, know the relevant forms and prepare the correct steps for an effective defense.
What § 574 BGB means
§ 574 BGB protects tenants from termination if ending the tenancy would constitute an undue hardship for the tenant or their family. The law requires a concrete justification of the objection, evidence of hardship and attention to formal deadlines.
Important steps for the objection
- Collect photos (photo) and written evidence (document): termination letter, medical certificates, copies of the tenancy agreement.
- Prepare the objection letter (form): date, reasons, concrete hardship explanation and signature.
- Observe deadlines (deadline): send the objection promptly and document the delivery date.
- Plan legal steps: counseling and possibly defense against a lawsuit or preparation for an eviction claim (court).
Evidence and proof
Gather all relevant evidence such as photos of defects, medical certificates, proof of postal delivery and witness statements. Sort them chronologically and create a short list with date and content for each file.
Sample wording for an objection letter
A short template letter should include: address, reference to the termination letter, concrete reasons for the undue hardship, reference to attached evidence and a request to withdraw the termination or to offer a meeting. Send the letter by registered mail with return receipt or by a delivery service to document receipt.
Häufige Fragen
- How quickly must I object?
- Object immediately after receiving the termination; record date and delivery method to secure deadlines.[1]
- Which forms do I need?
- An informal written objection is sufficient; there are official forms for legal aid (Prozesskostenhilfe) from the Ministry of Justice.[2]
- Where can I turn if the landlord sues?
- The local Amtsgericht is responsible in the first instance; higher appeals may go to Landgericht or the Federal Court of Justice (BGH).[3]
Anleitung
- Collect documents: copies of the termination letter, tenancy agreement, photos and medical certificates.
- Write the objection: include date, explanation of hardship and reference to evidence.
- Prove dispatch: use registered mail with return receipt or a delivery service to document access.
- Seek legal advice: contact advisory services or a lawyer if necessary.
- Prepare for court: organize all evidence and list potential witnesses for hearings.
Key Takeaways
- Deadlines are critical: always document delivery and dates immediately.
- Complete evidence (document) strengthens your case in court.
- The written objection (form) must clearly state the hardship reasons.
