Tenant Rights Germany: Social Clause §574 BGB 2025

The social clause under §574 BGB protects tenants in Germany, especially families, from socially unfair terminations. This article explains in practical terms when the clause applies, which conditions are required and how tenants can file objections or argue in court. I discuss necessary evidence, deadlines, official forms and the competence of local courts (Amtsgericht). The aim is to give you concrete steps to enforce your tenancy rights and avoid unnecessary evictions. The guidance is written clearly, with examples and links to official sources so affected persons can quickly and safely check and act on their rights. Also read how to document security deposit, hardship requests and deadline compliance, when counseling centers can help and which model forms from the federal ministry are available.

What is the social clause?

The social clause in §574 BGB allows a tenant to object to an ordinary termination if the end of the tenancy would cause an unreasonable hardship for them or their family. The law does not list fixed factors; courts examine case-by-case circumstances such as age, illness, children in school or long residence.^[1]

When does it help families?

For families, the social clause can apply if, for example, school changes, a childs illness, pregnancy or lack of available housing in the area would cause a deterioration. Jurisdiction for tenancy disputes is usually with the local courts (Amtsgericht); eviction lawsuits are also heard there.^[2]

Practical steps for tenants

• File an objection: Prepare a written objection with reasons for the social hardship.
• Gather evidence: Collect medical certificates, school certificates, rent payment records and correspondence.
• Observe deadlines: Submit objection and documents as early as possible.
• Use counseling: Contact local advice centers or the court for guidance.
• Check legal aid: If needed, apply for legal aid (process cost assistance) at the court.

Example: A family with school-age children can demonstrate that moving would cause major educational disadvantages and extra costs. Such arguments should be documented and clearly stated in the objection.

FAQ

Can every family use the social clause?

No. The social clause is a case-by-case right; the existence of an unreasonable hardship must be specifically proven.

Which deadlines are important?

There is no legally fixed objection deadline in the BGB, but act quickly and submit objections and evidence immediately to prepare for legal steps.

Who decides on the hardship?

Local courts (Amtsgerichte) decide in the first instance; higher courts and the Federal Court of Justice (BGH) can set precedents.

How-To

1. Collect documentation: Gather tenancy agreements, payment records, medical notes and school certificates.
2. Draft an objection: Write a clear objection to the landlord with reasons and the date.
3. Seek advice: Contact local counseling centers or the court for guidance on forms.
4. Consider legal aid: Submit an application to the competent court if necessary.
5. Litigation steps: If necessary, present your case at the local court with the collected evidence.

Key takeaways

• The social clause protects only on a case-by-case basis and requires evidence.
• Act early and document well to improve chances of success.
• Local courts are the primary point of contact for tenancy disputes.

Help and Support / Resources

• §574 BGB – Gesetze im Internet
• Justizportal – Information on courts
• Federal Court of Justice – Rental law decisions

1. [1] §574 BGB – Gesetze im Internet
2. [2] Justizportal – Information on courts
3. [3] Federal Court of Justice – Rental law decisions