Tenant Objection §574 BGB: Documents Deadlines Germany
Many tenants in Germany face the question of how to file an objection against an ordinary termination for personal use or other reasons under § 574 BGB. This article explains clearly which documents, deadlines and pieces of evidence are necessary, how to state the objection in writing and what role the local court plays. You will receive practical tips for collecting evidence, drafting a reasoned statement and the next steps if the landlord files suit. The aim is to give you, as a tenant, clear actions so you can meet deadlines and effectively assert your rights in Germany. If necessary, we also explain which types of evidence are most relevant in court and how to make formal submissions.
What should an objection include?
A formal objection should be brief, factual and supported by reliable evidence. State the termination, the date, your reasons and attach proof.
- Tenancy agreement (document) – current and previous versions as proof of the contract
- Correspondence with the landlord (document) – emails, letters, handover records
- Payment receipts / rent payments (rent) – bank statements or receipts as proof of payment
- Photos and documentation of defects (evidence) – date and description for each photo
- Medical or social certificates (form) – when health reasons support continuation of the tenancy
Deadlines and formalities
There is no single nationwide statutory deadline for an out-of-court objection, but act quickly: in writing and with proof. For court proceedings, the deadlines of the ZPO and the procedural rules of the competent local court apply.[2]
- Written objection within a short period (deadline) – ideally send immediately after receiving the termination
- Registered mail with return receipt or personal handover (form) – proof of delivery is important
- Attach a complete evidence file (document) – avoid loose references without proof
How to justify the objection
Justify specifically: state why the termination is socially or legally impermissible, e.g. because personal use is implausible, there are hardship cases, or defects exist. Refer to concrete evidence and present clear facts rather than general accusations. The legal basis is § 574 BGB; refer to it when claiming undue hardship.[1]
Example: "I hereby object to the termination dated [date]. As justification I attach the following evidence: Evidence A (photo), Evidence B (medical certificate) and Evidence C (tenancy agreement). Due to the medical certificate, moving is currently unreasonable."
What happens in court?
If litigation occurs, the local court is responsible for tenancy disputes; in higher instances the regional court or ultimately the Federal Court of Justice decides on fundamental issues.[3] In court, a clear, structured presentation of evidence and compliance with the formal requirements of the ZPO are crucial.[2]
FAQ
- Can I file an objection without a lawyer?
- Yes. Tenants can file an objection and submit documents themselves. However, legal assistance can be helpful in court proceedings.
- What is the role of § 574 BGB?
- § 574 BGB protects tenants from a termination if it constitutes undue hardship; you must present relevant reasons and evidence.[1]
- What are strong pieces of evidence?
- Written documents, dated photos, medical certificates, bank statements and witness statements are useful.
How-To
- Collect all relevant documents and evidence (document).
- Draft a clear written objection with date, reasons and signature (form).
- Send the objection with proof of delivery, e.g. registered mail (deadline).
- Prepare for possible court steps and review the evidence and deadlines (court).
Help and Support / Resources
- §574 BGB — Bürgerliches Gesetzbuch
- Information on courts and jurisdictions
- Federal Court of Justice (BGH) — Decisions
