Social Clause §574 BGB Checklist for Tenants Germany

What is the social clause?

The social clause of § 574 BGB protects tenants from a termination that is socially unreasonable if ending the tenancy would cause particular hardship for the tenant^[1]. It applies when health, family or economic reasons make continuation of the tenancy necessary. The law requires a balancing of the landlord's and the tenant's interests.

When do medical certificates help?

Certificates and medical expert opinions are often central to establishing a social clause. Use clear, dated documents that demonstrate the medical necessity or the unreasonableness of a move.

• Medical certificate describing the health-related intolerance of a move.
• Reports from specialists or psychotherapists with a date and concrete recommendation.
• Proof of rent burden (rental contract, bank statements, proof of benefits).
• Photos or documents that prove special housing needs or barriers.

Deadlines and procedure

Act quickly: terminations have deadlines, and countermeasures must be prepared within a short time. Contact advisory services early and check the announced termination date and any deadlines for objections.

• Check the deadline: Verify the date when the termination is to take effect.
• Act within weeks: Gather certificates and documents as soon as possible.
• If clarification is needed: File a response at the local court or file a lawsuit.

Forms and authorities

For legal steps you often need forms or a statement of claim; these are filed at the competent local court. List all relevant evidence in the letter and attach certificates.

• Statement of claim (civil lawsuit) – Use: eviction claim or claim for a declaration; example: you file a statement of claim with the local court and attach certificates^[2].
• Template letter to the landlord – Use: to preserve deadlines and request consultation; example: written request for deferral or leniency with attached certificate.
• Powers of attorney and authority applications – Use: when third parties (e.g., social welfare office) should assist; example: power of attorney for legal representatives.

FAQ

Can a medical certificate establish protection against termination under § 574 BGB?

Yes, if the certificate documents a significant health burden that makes a move unreasonable.

How quickly do I need to act?

Once you receive the termination, you should react within a few weeks and gather evidence.

Where do I file a lawsuit?

Statements of claim for tenancy disputes are usually filed at the competent local court.

How-To

1. Gather all medical certificates and reports.
2. Compile financial documents (rental contract, bank statements).
3. Prepare a complete statement of claim or a template letter to the landlord.
4. Submit documents to the local court within the deadline.
5. Seek legal advice or contact an advisory service.

Help and Support

• § 574 BGB — Gesetze im Internet (BGB)
• Justice Portal of the Federal Government and the Länder — Forms and Information
• Federal Court of Justice — Decisions on Tenancy Law

1. [1] § 574 BGB — Gesetze im Internet (BGB)
2. [2] Justizportal des Bundes und der Länder — Formulare und Hinweise
3. [3] Bundesgerichtshof — Entscheidungen zum Mietrecht