Tenant Objections under §574 BGB in Germany

When landlords terminate for personal need or other reasons, tenants in Germany can file an objection under §574 BGB. This guide explains how students in large cities can systematically document, meet deadlines and collect evidence so that a written objection holds up in court or at the local court. I describe practical steps: what to include in the letter, which documents (photos, payment receipts, correspondence) help and how to organize the process with simple templates. You will also learn which authorities and courts are responsible and what a typical process up to a possible eviction lawsuit looks like. Use free advice from student services or local courts if unsure. This text avoids legal jargon and gives clear practical steps.

What does an objection under §574 BGB mean?

The objection under §574 BGB allows tenants to oppose a termination if continuing the tenancy is justified by personal or social protection reasons for the tenant^[1]. This means tenants must state the reasons in writing and support them with evidence where possible.

Step 1: Documentation and evidence

Collect clear, dated proof. Keep everything in a file so you can quickly present all documents in case of dispute.

• Photos of defects, the apartment condition and important items.
• Scans or photos of all letters with dates and proof of delivery.
• Payment receipts for rent and deposit; bank statements if in doubt.
• Witness names and brief statements if neighbors or roommates are relevant.

Deadlines and submission

There is no uniform mandatory form for the objection, but respond immediately after receiving the termination and ideally within a few days. Submit the letter in writing and send it by registered mail or with proof of delivery to the landlord; in a dispute the local court needs the proof. For court proceedings, the rules of the Code of Civil Procedure apply to claims and service^[2].

How to structure an objection letter

A brief, factual letter helps: reason, reference to the termination, personal protection grounds, list of evidence and a request to withdraw the termination or delay eviction.

• Date and exact addresses of tenant and landlord.
• Clear reference to the termination letter (date, date of receipt).
• Specific reasons why continuation of the tenancy is necessary (e.g., studies, family, illness).
• List of attached evidence (photos, bank statements, medical certificates).

If the dispute goes to court

Tenant disputes are usually heard first at the local court; in higher instances the case can go to the regional court or ultimately to the Federal Court of Justice^[3]. Prepare your file and consider early whether you need legal assistance or legal aid.

FAQ

Can I, as a student in the city, object to a termination for personal need?

Yes. Students can assert social protection reasons and should support them with enrollment certificates, the rental contract and, if applicable, witness statements.

Is there an official form for the objection?

There is no binding official template for objections under §574 BGB; an informal signed letter with reasons is usually sufficient.

What happens if the landlord sues?

The case will be heard at the competent local court; there you should present your documentation and, if necessary, seek legal representation.

How-To

1. Note the date of termination and immediately collect evidence.
2. Compile photos, payment receipts and correspondence in a file.
3. Draft the objection letter and send it by registered mail.
4. If unsure, contact legal advice, student services or the local court early.

Help & Support / Resources

• §574 BGB — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Federal Court of Justice — bundesgerichtshof.de

1. [1] §574 BGB — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de