Tenant Protection in Germany: §574 BGB Social Clause
Many tenants in Germany face the challenge of securing their housing after a termination. This article explains in clear steps how to use the social clause of § 574 BGB with medical certificates to apply for special protection against eviction — especially in big cities where housing is scarce. I describe which forms and proofs are important, how to meet deadlines, which authorities and courts are responsible, and what a practical procedure can look like. The guide is intended for non-lawyers and shows how documentation, medical certificates and timely action improve your chances in court or when dealing with the landlord. At the end you will find FAQs, a step-by-step guide and official forms as well as advice on when to involve the local court.
What is the social clause?
The social clause in § 574 BGB protects tenants from a termination if ending the tenancy would constitute an unreasonable hardship for the tenant[1]. It applies in cases where illness, age, maintenance obligations or lack of alternative housing make moving out impossible or unreasonable.
When does a medical certificate help?
A medical certificate can demonstrate that a move is not possible for health reasons or would involve considerable risk. Courts find it important that the certificate specifically describes the connection between the health condition and the unreasonableness of moving.
- Medical certificate with diagnosis, prognosis and specific limitations.
- Written communication with the landlord (objection, deadlines, appeal).
- Payment receipts and bank statements proving rent was paid regularly.
- Proof of deadlines (date of termination, proof of receipt, calculation of time limits).
Which forms and documents are relevant?
Important items include: the medical certificate, a copy of the termination letter, rent payment records, proof of housing needs (e.g. disability certificate) and, if applicable, social welfare notices. There is no nationwide "special form" only for the social clause; lawsuits and submissions follow the rules of the Code of Civil Procedure and local court templates.
Practical procedure before court and with the landlord
As a tenant, you should first collect key evidence promptly, inform the landlord in writing about health reasons and observe deadlines. If the landlord terminates despite a certificate, a lawsuit or objection can be filed at the competent local court. Note that the court balances the interests of both parties; therefore a complete file is very important[2].
FAQ
- Can a medical certificate completely stop the termination?
- A certificate alone does not guarantee a complete stoppage; however it can improve the chances of success if it demonstrates an unreasonable hardship. The local court decides.
- Which deadlines must I observe?
- Objection and lawsuit deadlines are short. Respond within a few days to the termination and submit documents promptly, otherwise rights may lapse[2].
- Where do I turn in case of an eviction suit?
- Eviction suits and tenancy disputes usually belong before the competent local court; on appeal the regional court and ultimately the Federal Court of Justice are responsible[3].
How-To
- Immediately collect a medical certificate with specific statements about the unreasonableness of moving.
- Send a written statement to the landlord and point to the certificates, document the dispatch.
- Secure payment receipts and other evidence (bank statements, notices) that explain your situation.
- If necessary, file a lawsuit or an emergency application at the competent local court or seek legal representation.
- Use advisory services and check eligibility for legal aid if financial resources are limited.
Help and Support
- §574 BGB (Gesetze im Internet)
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Federal Court of Justice (BGH) – Decisions
