Objection under §574 BGB: Tenants in Germany
As a tenant in Germany, a landlord's termination can be alarming. This guide explains clearly how to file an objection under §574 BGB, which deadlines apply and which documents you should collect. I provide practical template wordings to document reasons and evidence and which forms are relevant for advisory aid or legal aid. You will also learn when the local court or higher instances decide and how a quick written response improves your chances. The tips focus on protecting your rights and help organize the process step by step so you can act confidently and informed. I also name the competent authorities, show how to meet deadlines and which proofs convince in court. At the end you will find a short checklist and pointers to official templates and support.
What §574 BGB Means
Section 574 of the BGB protects tenants in certain hardship cases from immediately accepting a landlord's termination. If continuing the tenancy would constitute an unreasonable hardship for the tenant or their family, an objection can be justified. The exact wording and requirements are set out in the statute.[1]
When Tenants Can Object
- Observe deadlines: Respond within the period stated in the notice to preserve your rights.
- Heating or water affected: If defects like prolonged heating or water outages occur, document dates and consequences.
- Check claims of owner use: For an owner-use termination, check whether an alternative dwelling was offered and what reasons were given.
Documentation and Templates
Collect evidence purposefully: photos, emails, witness names and the tenancy agreement. Use simple template texts for the objection and send copies, never originals.
- Photos and timestamps: Photograph damage and note date and time.
- Correspondence: Keep copies of letters and emails to the landlord or craftsmen.
- Receipts: Secure rent payments, receipts and proofs of additional costs.
Forms and Legal Aid
If you need advice or legal aid, two forms are central: the application for advisory aid (for out-of-court advice) and the application for legal aid (PKH) for court proceedings. Apply for help early, for example before filing a lawsuit.[3]
Rights in Court and Competent Authorities
Disputes are usually decided by the local court (Amtsgericht) in civil matters, then the regional court (Landgericht) and possibly the Federal Court of Justice (BGH) on appeal. Procedures and deadlines are governed by the Code of Civil Procedure (ZPO).[2]
- Local court: First instance for most tenancy disputes.
- Procedural deadlines: Observe filing periods and hearing dates strictly.
- Legal advice: Seek legal help or advisory aid early.
FAQ
- Can I object immediately?
- Yes. You should always object in writing and state the reasons clearly; send copies and keep records.
- What deadline applies for the objection?
- The deadline is stated in the termination or service document; generally respond as quickly as possible and meet deadlines.
- Which evidence helps in court?
- Photos, witness statements, correspondence, invoices and medical certificates in case of health impact are persuasive.
- Where do I file a lawsuit?
- The lawsuit is usually filed at the competent local court in the district where the apartment is located.
How-To
- Read the termination carefully and check the stated reasons.
- Collect evidence: photos, messages, witnesses and receipts.
- Write a timely, dated objection with clear reasons and copies of the documents.
- Apply for advisory aid or legal aid if needed and obtain legal advice.
- File a lawsuit at the local court if necessary and attach all evidence.
- Prepare for the hearing: inform witnesses and bring organized documents.
Key Takeaways
- Always act within deadlines to preserve rights.
- Thorough documentation is crucial for success.
- Use official forms for advisory aid and legal aid early.
Help and Support
- §574 BGB in the statute
- Federal Court of Justice (BGH) – Decisions
- Justice Portal: Forms and information
