Social Clause Paragraph 574 BGB for Tenants in Germany

What does § 574 BGB regulate?

Section 574 of the German Civil Code allows tenants in certain hardship cases to object to an ordinary termination and to seek continuation of the tenancy. The provision takes into account personal, family and economic hardships that make continued residence necessary. For judicial review you must provide relevant evidence proving your economic situation and specific burdens. I recommend consulting the statute text and case law for details.^[1]

When does the social clause apply?

The social clause applies only if the termination leads to special hardships that justify continuation of the tenancy. Typical review areas include:

• Personal circumstances such as illness, need for care, or old age.
• Financial hardship: verifiable low income or risk of homelessness.
• Social ties such as children attending school or caregiving responsibilities.

Which documents are important?

Court authorities require concrete and verifiable documents for the social clause to apply. Useful evidence includes:

• Rent payments: bank statements or receipts as proof of payment.
• Income proofs: payslips, notices of social benefits or unemployment benefits.
• Medical certificates, care assessments, or school certificates confirming special burdens.

Procedure for protection against termination

If you receive a termination, check deadlines and formal requirements immediately. Objections and hardship hearings should be submitted in writing. Submit your compiled evidence to the landlord and prepare for court action if necessary.

1. Check the termination letter for the date of receipt and the stated reasons.
2. Collect all relevant evidence (proofs of payment, certificates).
3. Write an objection referring to § 574 BGB and attach the evidence copies.
4. If necessary: file a lawsuit seeking continuation of the tenancy at the competent local court (Amtsgericht) and refer to your evidence.^[2]

Forms and official authorities

There is no uniform nationwide template for objecting to a termination, but court proceedings usually require complaint forms of the respective judicial authority. The local Amtsgericht is generally responsible for rental disputes; appeals and precedents go to the Landgericht and the Federal Court of Justice (BGH).

FAQ

Can I assert the social clause without a lawyer?

Yes, many tenants submit evidence and a written objection themselves, but legal advice is helpful in complex cases.

What deadlines do I need to observe?

There is no special deadline only for the social clause, but respond promptly to service and termination-related dates or you risk losing rights.

Is an eviction automatically suspended?

No, the social clause does not create an automatic suspension; a court proceeding is often necessary to enforce protection.

How-To

1. Read the termination carefully and note the date of receipt.
2. Gather proof of payments, notices and medical certificates as evidence.
3. Draft a written objection referring to § 574 BGB and attach copies of the evidence.
4. If needed, file a claim for continuation of the tenancy at the local court and cite your evidence.

Key takeaways

• The social clause protects only verifiable hardship cases.
• Good documentation is often decisive for success.

Help and Support / Resources

• §574 BGB on gesetze-im-internet.de
• Federal Court of Justice (BGH)
• Justice Portal of the Federal Republic and the Länder (Forms)

1. [1] §574 BGB - German Civil Code
2. [2] Federal Court of Justice - Case law information