Social Clause §574 BGB: Tenant Rights in Germany
Many tenants in Germany suddenly face a termination and wonder whether the social clause of § 574 BGB can prevent moving out. This text explains in plain language when the social clause applies, which evidence is typically necessary and how you as a tenant can proceed practically. You will receive tips on collecting evidence, notes about deadlines and a clear sample letter that you can adapt to your situation. The goal is that you know your rights, can assess whether a conversation with the landlord is useful, and know when to involve courts or counseling services.
What does § 574 BGB regulate?
The social clause in § 574 BGB protects tenants from a legally effective termination if this would represent an unreasonable hardship for the tenant, their family, or other household members. Social and economic circumstances as well as the duration of the tenancy and alternatives on the housing market are decisive.[1]
When can tenants apply it?
Typical cases are long tenancy duration, illness, old age, disability, short-term termination despite lack of replacement housing or particular family burdens. If a termination threatens, tenants should immediately collect evidence: medical certificates, proof of childcare obligations, proof of long tenancy or efforts to find alternative housing.
Practical evidence
- Photos, emails or letters that document conversations with the landlord
- Medical certificates or attestations describing health limitations
- Proofs of financial situation, e.g. income statements or benefit notifications
- Proofs of tenancy duration and past rent payments
If the landlord terminates, you can submit a written objection and ask for withdrawal of the termination or propose an agreement for staged vacation. Respond within deadlines, as omissions can jeopardize your rights.
Sample letter: Asserting protection against termination
A clear sample letter to the landlord should briefly state the personal reasons, attach evidence and ask for review of the termination under § 574 BGB. State deadlines, offer meeting dates and indicate that you will consider legal steps. Here is a concise example for orientation:
Sample letter (short):
Dear Mr./Ms. [Name],
I hereby object to your termination dated [date] pursuant to § 574 BGB. Due to [e.g. illness/care obligations/advanced age] there is a special hardship. I enclose supporting documents. Please review the termination and inform me by [date]. Sincerely, [Name]
What if the landlord does not respond?
If the landlord refuses to withdraw the termination, a lawsuit or, as a first step, counseling at a tenant advisory service or the local court can be useful. The local court (Amtsgericht) is usually responsible for tenancy disputes involving eviction actions or termination issues.[3][2]
FAQ
- What evidence must I provide for the social clause to apply?
- You must demonstrate that the termination would cause an unreasonable hardship for you or your family; this includes medical certificates, proof of income, proof of care obligations and evidence of the tenancy duration.[1]
- Does the social clause apply automatically?
- No. You must actively file an objection or present the reasons to the landlord and, if necessary, to the court.
- Who ultimately decides on the application?
- If no agreement is possible, the competent court (usually the local court) decides after reviewing the circumstances.[3]
Anleitung
- Collect evidence: medical certificates, income proofs and correspondence.
- File a written objection and set a deadline, using a sample letter if needed.
- Contact advisory services or a lawyer and check for eligibility for legal aid.
- If necessary, file a claim at the local court and present the evidence.
Hilfe und Unterstützung / Ressourcen
- § 574 BGB – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Information
