Tenant Rights: Social Clause §574 BGB in Germany

As a tenant in Germany, applying the social clause under §574 BGB can be decisive when a termination would be socially unreasonable. This article explains step by step which common mistakes occur when proving claims and using template letters, how to collect evidence correctly and which deadlines to observe. The aim is to give you practical guidance so you can enforce your rights clearly — for example, which phrases in objections or letters to the landlord help and when the local court should be involved. The language remains clear and free of legalese so you immediately know which evidence matters and how to avoid formal errors.

What is the social clause?

The social clause in §574 BGB allows tenants in Germany to object to an ordinary termination if ending the tenancy would constitute a particular hardship for the tenant or their family^[1]. Relevant circumstances include age, illness, pregnancy, occupational disadvantages or long duration of residence.

Common mistakes when applying it

• Failing to check or missing deadlines so that an objection arrives too late.
• Insufficient evidence: missing photos, medical certificates or incomplete correspondence.
• Unclear or incorrect wording in the objection that does not specify a concrete hardship.
• Failing to apply for legal aid or lacking timely legal assistance.

Template letters and official forms

Use template letters only as a basis and adapt them to your case. Important official documents tenants often need include the "Application form for legal aid" and sample objections to a termination. In your template letter describe the personal hardships (e.g. illness, care obligations, children’s school attendance) and attach all relevant evidence^[2][3].

How to organize evidence correctly

• Create an evidence folder with dates, descriptions and copies of all letters and certificates.
• Photograph defects or circumstances that demonstrate your hardship (e.g. limited mobility).
• Include medical certificates, employer confirmations or school certificates.
• Document deadlines and the delivery method (e.g. registered mail, proof of service).

Frequently Asked Questions

When does the social clause under §574 BGB apply?

The clause applies if ending the tenancy would place an unreasonable hardship on the tenant or their relatives; concrete circumstances must be proven.

What evidence is useful?

Useful evidence includes medical certificates, employer confirmations, school certificates, photos, correspondence with the landlord and possibly witness statements.

What should I do if the landlord sues?

Contact the competent local court and consider applying for legal aid or litigation costs assistance; submit your documents in full.

How-To

1. Check deadlines and note all relevant dates.
2. Gather evidence: organize photos, certificates and correspondence.
3. Draft an objection letter with clear statements about hardship and attach copies.
4. Apply for legal aid if needed or seek tenant legal advice.
5. If necessary, file documents with the local court and prepare a clear case file.
6. Plan alternatives (e.g. moving) in case the court rules for the landlord.

Key Takeaways

• Respect deadlines and document deliveries.
• Complete and well-organized evidence improves outcomes.
• Apply for legal aid early if costs are a barrier.

Help and Support / Resources

• §574 BGB on Gesetze im Internet
• Federal Court of Justice (BGH) decisions
• Federal Ministry of Justice (information and forms)

1. [1] Gesetze im Internet: Civil Code (BGB) §574
2. [2] Federal Ministry of Justice: forms and information on legal aid
3. [3] Federal Court of Justice: decisions and guidance on tenancy law