Tenants Enforce Social Clause §574 BGB in Germany

As a tenant in Germany you face difficult decisions when a landlord threatens eviction. The social clause under §574 BGB can often be the key in metropolitan areas to claim a socially justified hardship and prevent an eviction. This text explains clearly when the clause applies, which deadlines matter, how to document evidence and which official forms and courts are responsible. I show practical steps: from the correct objection to filing at the local court so you can effectively defend your rights as a tenant. The advice is easy to understand and tailored to typical problems in German big cities. It also explains possible negotiation strategies with the landlord and the role of social authorities.

What is the social clause?

The social clause in §574 BGB allows tenants to argue that a termination causes unreasonable hardship and can prevent eviction.^[1]

When does it help tenants in metropolitan areas?

• Rent is disproportionately high compared to income.
• Meet deadlines: file objections within the required time.
• Repairs and health: report mold or lack of heating.
• Complete forms and attach proof.
• Gather evidence: photos, bank statements, correspondence.

How can tenants enforce the social clause in practice?

Step-by-step guidance: check, document, meet deadlines and act at the competent local court.^[2]

FAQ

When does the social clause under §574 BGB apply?

The clause applies when a termination causes an unreasonable social hardship for the tenant, for example due to illness, low income or caregiving duties.^[1]

Which deadlines must I observe?

Objections and statements should be submitted as soon as possible and often within a few weeks; check the specific termination letter.

Which court should I contact?

Eviction lawsuits and tenancy disputes are usually heard in the local district court (Amtsgericht).

How-To

1. Check the deadline and file a written objection.
2. Collect all records: photos, bank statements, medical certificates.
3. Fill in forms; use official sample letters if available.
4. Contact social authorities or tenant support for assistance.
5. Submit a response or lawsuit at the local district court, observe procedural deadlines.

Key Takeaways

• Act quickly when you receive a termination.
• Keep all evidence and photos safe.
• Seek help from authorities or counseling centers early.

Help and Support

• [1] §574 BGB in the legal text (gesetze-im-internet.de)
• [2] ZPO: Procedural law (gesetze-im-internet.de)
• BGH: Rulings and information

1. [1] §574 BGB at gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) at gesetze-im-internet.de