Social Clause §574 BGB for Tenants in Germany

If you as a tenant in Germany are served a termination due to owner move-in or other reasons, the social clause (§574 BGB) can offer protection. A medical certificate can document special hardship when ending the tenancy would be unreasonable for you or close relatives. This text explains step by step when a medical certificate makes sense, which documents courts and landlords expect and how to prepare an objection or a lawsuit in time. It also describes practical actions, possible evidence and notes on the local court and legal aid so you can assert your tenant rights in German tenancy law with confidence. Keep certificates, correspondence and photos safe and seek legal advice or consultation assistance early if deadlines run.

What does §574 BGB regulate?

§574 BGB allows the tenant to object to termination on grounds of special hardship and to demand continuation of the tenancy if ending the tenancy would be unreasonable. The statutory wording and interpretations can be found in the legal text.^[1]

When can a medical certificate help?

A medical certificate can substantiate the required hardship. It is crucial that the certificate explains concretely and plausibly why moving out is an unreasonable burden (e.g. severe health limitations, pregnancy, care needs of relatives).

• In case of your own severe illness or significantly reduced mobility.
• During pregnancy or shortly after birth.
• When you must care for dependent relatives.

How to prepare objections and evidence?

Proceed systematically: request an extension or submit an objection in writing by registered mail, attach the certificate and document all contacts. Additional evidence can include medical reports, care documentation, photos of the housing situation or witness statements.

Concrete steps overview

• Form or letter: Summarize your objection with the certificate and send it by registered mail to the landlord.
• Documentation: Keep all evidence organized, dated and with copies for court and counsel.
• Court action: If the landlord insists on eviction, you can file or defend an action at the local court.

FAQ

What is the social clause under §574 BGB?

The social clause allows tenants to object to termination if ending the tenancy would cause special hardship; the tenant must present the request and evidence.

Can a medical certificate permanently prevent eviction?

A medical certificate can support continuation of the tenancy, but the outcome depends on evidence, the landlord's interest and the court's assessment.

Where should I turn in case of dispute?

The local court (Amtsgericht) is responsible for disputes; higher decisions may go to the regional court and the Federal Court of Justice. Use legal aid if necessary.

How-To

1. Collect medical certificates and all relevant evidence.
2. Draft a written objection to the landlord and attach copies.
3. Obtain legal advice or consultation assistance early to meet deadlines.
4. If necessary, file a lawsuit at the competent local court and present the evidence.
5. If applicable, apply for legal aid or consultation assistance to reduce financial barriers.

Help and Support / Resources

• §574 BGB in the law text (gesetze-im-internet.de)
• Information and decisions of the Federal Court of Justice (bundesgerichtshof.de)
• Justice service and forms (justiz.de)

1. [1] §574 BGB (Gesetze im Internet)
2. [2] Federal Court of Justice (BGH)
3. [3] Justice: Service and Forms