Social Clause 574 BGB: Tenant Documents Germany

As a tenant in Germany, you face specific deadlines and evidentiary requirements if you want to invoke the social clause under §574 BGB.^[1] This article explains in plain language which documents are typically needed (income statements, lease agreement, medical certificates), which deadlines to observe and which official forms can assist you when applying or in court proceedings. We provide practical sample letters, name the competent courts such as the Amtsgericht and explain how legal aid or consultation assistance can ease access. The goal is to help you prepare step by step so you meet deadlines and effectively assert your tenant rights in Germany. If unsure, collect evidence early and note deadlines. This page shows which steps make sense.

What is the social clause (§574 BGB)?

The social clause in §574 BGB protects tenants from termination when continuing the tenancy would constitute a special hardship. Whether such hardship exists is decided by the court after weighing all personal circumstances.^[1]

Which documents do tenants need?

• Income proofs (pay slips, unemployment/social benefit notices).
• Lease agreement, handover protocol and any relevant forms or letters.
• Medical certificates and other evidence of health or social circumstances.
• Bank statements, registration certificate and proofs of family status or maintenance obligations.
• Brief case summary and a sample application letter to the landlord or court.

Deadlines

• Response deadline to a termination: check the termination letter immediately and note the response deadline.
• Deadline to submit additional evidence in court: usually a few weeks after the service of papers.
• Deadline for objection or application for stay of eviction: file immediately if hardship is claimed.

Applying: Forms and examples

There is no nationwide standardized form for the social clause; tenants typically file an informal but well-reasoned letter with the landlord or in court. List the relevant documents, attach copies and explain the hardship reasons clearly. If you go to court, the Amtsgericht is competent; procedural rules are in the Code of Civil Procedure.^[2] At the same time, consider applying for legal aid (PKH) or consultation assistance if you cannot afford representation.^[3]

Sample opening of an application: I hereby lodge an objection to the termination dated [date] and request that the social clause under §574 BGB be examined. Attached are income statements, medical certificates and the handover protocol.

FAQ

What does the social clause practically mean for tenants?

The social clause allows the court to reject a termination if it would constitute an unreasonable hardship for the tenant.

Which deadlines must I observe?

Responses to terminations and submissions of evidence should be made immediately and within the deadlines stated in the letter.

Can I apply for legal aid?

Yes. If your financial situation requires it, you can apply for legal aid or consultation assistance to cover court or attorney costs.

How-To

1. Gather all relevant documents: income proofs, lease agreement, medical certificates.
2. Check deadlines from the termination letter and note key dates.
3. Prepare a short, factual application letter to the landlord or court and attach evidence.
4. Apply for legal aid or consultation assistance if necessary and contact support services.

Help and Support / Resources

• §574 BGB - Text of the law (gesetze-im-internet.de)
• Code of Civil Procedure (ZPO) - overview (gesetze-im-internet.de)
• Information on legal aid (bmjv.de)

1. [1] §574 BGB - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Legal aid (Prozesskostenhilfe) - bmjv.de