Social Clause §574 BGB: Tenant Protection in Germany

The social clause under §574 BGB allows tenants in Germany to object to a landlord's termination if ending the tenancy would cause them unreasonable hardship. This article explains which proofs (medical certificates, income documents, household composition) are useful, how to draft an objection formally and when taking the case to the local court is necessary. The aim is to give affected tenants practical steps, sample wording and deadline tips so they can assert their rights against landlords effectively without immediately hiring a lawyer.

What is the social clause?

The social clause in §574 BGB permits tenants to object to an ordinary termination if ending the tenancy would cause them unreasonable hardship. Typical reasons include serious illness, old age, caregiving duties or poor chances of finding replacement housing.^[1]

When can tenants object?

An objection is possible if the termination would be life-threatening or harmful to health for the tenant or their family. The assessment always depends on the individual hardship.

• Severe health issues: medical reports or evidence of required care.
• Severe financial hardship: proof of income, benefits or imminent homelessness.
• Special family circumstances: single parents, children in care or dependent relatives.
• Missing alternative housing: evidence that comparable housing cannot be found in time.

Which proofs are important?

Documentation is crucial: collect medical certificates, income proofs, benefit notices, registration certificates and all correspondence with the landlord.

• Medical certificates describing treatment and impairments.
• Pay slips, sick pay or social benefit notices to show financial situation.
• Lease, landlord's termination letter and written exchanges as evidence.
• Photos, inspection reports or proof that nearby apartments are not available.

How to draft the objection?

The objection can be submitted informally in writing; important are clear personal details, reference to the termination, concrete hardship reasons and a request for the landlord to refrain from eviction. For court proceedings there are standardized forms and application paths at the local court.^[2]

• Start with date, name, address and a clear heading like "Objection to termination dated [date]".
• List your proofs and attach copies (not originals unless requested).
• State deadlines, for example a deadline for withdrawal of the termination or for the landlord's response.
• Mention if you are prepared to have the matter decided at the local court.

FAQ

Can I object without a lawyer?

Yes. A written, well-founded objection can be submitted without a lawyer; for complex cases legal advice is recommended.

Which deadlines apply?

There is no statutory deadline for the objection itself, but in an eviction suit you must respond in time and present a defense at the competent local court.

Is there an official template for the objection?

There is no uniform federal template for the informal objection; courts provide forms and information for judicial applications.^[2]

How-To

1. Draft the objection in writing, include date, name, address and the termination date.
2. Collect proofs: medical certificates, income documents, lease and correspondence.
3. Deliver the objection securely (registered mail with return receipt or handover with confirmation).
4. If the landlord files suit: submit documents to the local court and, if necessary, file a timely defense.

Key points

• Documentation often decides the success of an objection.
• Respond promptly to any court summons from the local court.
• Use free tenant advice or court information desks if available.

Help and Support

• Bürgerliches Gesetzbuch (§574) – Gesetze im Internet
• Justice portal – forms and information
• Federal Court of Justice – case law

1. [1] §574 BGB – Gesetze im Internet
2. [2] Justice portal – Forms and information
3. [3] Federal Court of Justice – Decisions