Opposing Eviction §574 BGB for Tenants in Germany
Many tenants, especially seniors, face the challenge of contesting a landlord's termination. This text explains in plain language how to prepare and document an objection under §574 BGB in Germany, which deadlines to observe and which documents the local court requires. You will receive practical advice on collecting evidence, properly drafting the objection and communicating with the landlord. The goal is for you as a tenant to better assess your rights and remain able to act — even without legal expertise. The steps help with rent reductions, eviction cases and negotiations and show when professional legal advice may be useful. Read on for concrete sample letters and checklists.
What is §574 BGB?
§574 BGB protects tenants from terminations when continuing the tenancy would be unreasonable for the tenant or a hardship exists. The paragraph allows objecting to the termination and asserting certain social aspects, such as age, illness or long duration of residence. Details and exact legal texts can be found in the relevant sections of the BGB.[1]
Preparation: Documentation and Evidence
Good documentation is especially important for seniors. Collect clear, dated evidence and keep all contacts with the landlord in writing. Consider creating a folder (physical or digital) with chronological filing.
- Take photos and videos of defects with date and location (photo).
- Gather payment receipts, deposit records and billing statements (rent, payment).
- Keep correspondence with the landlord: letters, emails, reminders and requests (notice, form).
- Document repair orders, contractor invoices and defect reports (repair).
- Collect witness statements, neighbors or medical certificates for health impairments (evidence).
- Note deadlines precisely: receipt date, deadline end and response times (deadline).
Writing the Objection and Deadlines
Draft the objection clearly and factually: state the rental address, date, the specific termination and why continuation of the tenancy would be a hardship. Attach evidence and propose concrete solutions, such as alternative return modalities or repairs. If possible, send the objection by registered mail or hand it over with a receipt.
If necessary, submit documents to the competent local court; civil procedure law governs procedures and deadlines.[2] Tenancy disputes are usually heard in the local court; important legal issues may be decided by higher instances up to the Federal Court of Justice.[3]
How-To
- Collect evidence: photos, invoices, correspondence and witness names.
- Draft the objection in writing with date and signature; state the hardship reasons.
- Send the objection on time; document the method of dispatch and receipt.
- If needed, file rebuttals or evidence with the local court.
- Seek advice early, for example from an advisory center or legal counsel.
Frequently Asked Questions
- What exactly does §574 BGB regulate?
- §574 BGB allows the tenant to object to a termination if continuation of the tenancy would be unreasonable; social-law reasons can be decisive here.[1]
- How much time do I have to object?
- There is no fixed statutory deadline for the objection; an immediate reaction is advisable. Procedural deadlines and formal filings are governed by the Rules of Civil Procedure.[2]
- Which court should I go to or defend myself at?
- Tenancy disputes are generally heard in the local court; eviction cases and tenancy proceedings are handled there.
