Social Clause §574 BGB 2025: Tenant Rights Germany

Many tenants in Germany face the challenge of opposing a termination or planned eviction due to modernization or other reasons for ending the tenancy. The social clause under §574 BGB is intended to provide protection when a termination would be unreasonable for particularly vulnerable people^[1]. This guide explains in plain language which important documents you should collect, which deadlines apply, and how you can enforce the social clause in 2025. It describes practical steps, the role of the local court, necessary sample forms, and information on legal aid. If you systematically collect evidence and meet deadlines, you increase your chances of preventing an eviction or achieving more favorable solutions. Read on for concrete templates and examples.

What is the social clause (§574 BGB)?

The social clause under §574 BGB protects tenants when a lawful termination by the landlord would be unreasonable for them, for example because of age, illness, or a particularly precarious social situation^[1]. The clause requires balancing the landlord's interests with the tenant's social protection needs.

Which documents do you need?

• Lease agreement (document) — complete copy with signatures and all annexes.
• Landlord's termination letter (notice) — date, reason, proof of delivery.
• Medical certificates and care assessments (document) — concrete statements on health and inability to move.
• Income proofs, pension notices, bank statements (proof) — evidence of financial situation.
• Proofs of family situation (birth certificates, confirmations) and other supporting evidence.

Important deadlines and dates

• Check the termination period (deadline) — note start and end dates in the termination letter.
• Deadline for objection or statement (days) — often only a few weeks.
• Prepare for the court date in time (calendar) — plan documents and possible witnesses.

How to enforce the social clause

In practice, enforcement usually follows these steps: First collect all relevant evidence and document damages or health limitations. Prepare a written statement and send it to the landlord with proof of delivery. If the termination is not withdrawn, the local court (Amtsgericht) can be called upon as the first instance; procedural rules are in the Code of Civil Procedure (ZPO)^[2]. Higher instances include the regional courts and ultimately the Federal Court of Justice (BGH) for precedent cases^[3].

Written statement and evidence preservation

• Letter to the landlord (notice) — concise, factual, with a list of attached proofs.
• Photos, certificates, witness names (proof) — date and organize them.

FAQ

When does the social clause apply?

The social clause applies when continuation of the tenancy would be unreasonable for the tenant, for example because of age, illness, or particular neediness; circumstances are assessed individually.

Which proofs are decisive?

Medical certificates, proof of income, confirmations of care needs and the lease are usually decisive; additional witness statements can be important.

Do I have to sue immediately?

Not always; often a well-founded statement is sufficient. If the landlord insists on the termination, filing a suit at the local court is the next step.

How-To

1. Collect all documents (document) and make copies.
2. Check deadlines (deadline) in the termination letter and note dates.
3. Send a statement (submit) to the landlord with all proofs and request withdrawal of the termination.
4. Apply for legal aid (application) at the competent court if costs are a barrier.
5. Prepare for the court hearing (court): sort documents and arrange witnesses.

Help and Support / Resources

• §574 BGB — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet — BGB §574
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesgerichtshof — official site