Social Clause §574 BGB: Tenant Rights in Germany

As a tenant in Germany it is important to know when the social clause under § 574 BGB can prevent terminations or evictions. This guide explains in plain language which requirements apply, how to secure evidence and which deadlines and forms are relevant. You will receive practical steps for filing applications, tips for working with the local court and examples of when hardship cases were accepted. The aim is to provide action-oriented information so you can enforce your rights against the landlord or achieve a reasonable extension. The text cites official sources, shows the key paragraphs and describes sample forms so you can plan concrete next steps. Read on.

What the social clause means

The social clause (§ 574 BGB) protects tenants when a termination would cause an undue hardship — for example due to illness, advanced age or lack of alternative housing. It is not an automatic defense: the tenant must prove the hardship and plausibly explain why remaining is necessary.^[1]

When §574 BGB applies

Typical reasons for successfully invoking the social clause are serious health limitations, household care obligations or insufficient finances to find comparable housing. The overall circumstances of the individual case are decisive.

• Meet deadlines: Respond promptly to termination letters and check the stated dates.
• Gather evidence: medical certificates, proof of care obligations, income statements and housing situation documents.
• Forms and letters: prepare a clear statement and, if necessary, a sample termination letter.
• Court consequences: if eviction follows, the local court often decides on emergency relief or eviction dates.

Evidence, deadlines and forms

Collect all evidence chronologically: leases, correspondence with the landlord, proof of payments, medical certificates and documents on housing situation. For terminations it is advisable to send an informal reply to the landlord plus a detailed hardship statement; templates for termination letters and wording guidance can be found on ministry or justice portal pages.^[2]

• Medical certificates and findings: important proof for health-related hardship.
• Proof of household and care situation: confirmations from carers or authorities.
• Financial documents: pay slips, benefit notices.
• Written statement: date, reasons, desired outcome (e.g. extension or suspension).

Court steps and the local court

If no amicable solution with the landlord is possible, the local court may become involved. The court examines the hardship reasons and decides on interim relief or eviction dates. Procedural rules are in the Code of Civil Procedure; BGH decisions are also relevant for tenancy law.^[3][4]

FAQ

Can I immediately object to a termination?

You can file a written objection and at the same time present the hardship reasons; an objection alone does not automatically stop the termination, but can secure deadlines.

Which documents are most important?

Medical certificates, proofs of care obligations, income statements and confirmations of lacking housing are particularly relevant.

How do I contact the local court?

Contact the competent local court for your place of residence; contact details and filing instructions are available on your federal state justice portal.

How-To

1. Gather all relevant evidence and arrange it chronologically.
2. Submit a written statement to the landlord within the stated deadlines.
3. Use template forms and check the justice portal or ministry templates.
4. If necessary, apply for interim relief at the local court.

Help and Support

• Gesetze im Internet: direct access to § 574 BGB and related provisions.
• Federal Ministry of Justice: templates and guidance for sample letters.
• Justice portal / local courts: contact details and procedural information.

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1. [1] §574 BGB — Gesetze im Internet (BGB)
2. [2] Muster Kündigungsschreiben — Bundesministerium der Justiz
3. [3] Informationen zu Gerichten — Justizportal
4. [4] Entscheidungen zum Mietrecht — Bundesgerichtshof