Tenant Objection under §574 BGB in Germany

As a tenant in Germany you often face decisions when a landlord gives notice or eviction is threatened. This guide explains in plain language how an objection under § 574 BGB works, which pieces of evidence help, and which deadlines apply. I show step by step how to use documents, photos and witnesses, which forms are relevant in court and when to involve a lawyer or the local court. The aim is to give you practical actions so you can resist eviction, protect your rights and improve your chances in court. Language is simple, examples show typical scenarios, and official German legal sources are referenced.

What is the objection under § 574 BGB?

The objection under § 574 BGB allows tenants to oppose termination when ending the tenancy would cause unreasonable hardship. In practice the tenant must state reasons and present evidence. See the statutory text in the BGB^[1].

When is an objection worthwhile?

• Observe deadlines (deadlines); often only a few weeks are decisive.
• With outstanding payments (rent) check whether a repayment plan is possible.
• If a court (court) is involved: act quickly and gather documents.

Which pieces of evidence help?

• Take photos (photo) of damage or the condition of the flat immediately.
• Collect correspondence and the rental agreement (document).
• Keep payment receipts and proof of payment (receipt) ready.
• Record witness statements in writing and note contact details.

Forms, deadlines and court

There is no single federal form for objections; relevant are claim types such as eviction actions and formal filings at the local court^[2]. Use a written objection letter and attach evidence. Pay attention to deadlines (deadlines) and correct service to the landlord.

• Submit a written objection letter (form) with date, full name and reasons, including attachments.
• Observe response deadlines; otherwise the termination may become effective.
• If necessary, file a claim at the competent local court (court) or inquire there^[2].

Practical steps to resist termination

Proceed in a structured way: collect evidence, check deadlines, write the objection and, if necessary, inform the local court. If unsure, seek legal advice early.

FAQ

Can I stay in the flat immediately if I object?

An objection does not automatically suspend the termination; often a court review is needed to secure the right to remain.

Which deadlines are important?

Object in writing in time and watch the landlord's or court's deadlines; timing varies by case.

Which courts have jurisdiction?

Tenancy disputes are usually heard at the local court; appeals go to the regional court.

How-To

1. Collect documents, photos (photo) and proof of payments.
2. Draft a clear objection letter (form) with reasons and attachments.
3. Send the letter within the deadline and keep proof of dispatch.
4. Notify the competent local court (court) and file claim documents if necessary.

Help and Support / Resources

• Gesetze im Internet – BGB § 574
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Gesetze im Internet – BGB § 574
2. [2] Bundesgerichtshof (BGH)
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJ)