Objection under §574 BGB for Tenants in Germany

As a tenant in Germany, a notice to terminate the tenancy can have existential consequences, especially for families. Section §574 BGB provides protection through a tenant's objection when ending the tenancy would be unreasonable for the family. This text explains in plain language which deadlines apply, which reasons are accepted and which supporting documents are helpful. You will learn how to use sample forms, when it makes sense to go to the local court and what role tenancy law and relevant BGH decisions play. Practical tips show how to collect evidence, calculate deadlines and respond in time so that protection applies to you and your relatives. Contact advisory services or the local court early and use official forms to meet deadlines securely.

What does an objection under §574 BGB mean?

The objection under §574 BGB allows tenants to oppose a termination if ending the tenancy would be unreasonable for them or their family. The regulation particularly protects vulnerable persons and families who would suffer significant hardship from a move.^[1]

Important deadlines and steps

• Deadline for objection: generally respond immediately after receipt of the termination notice.
• Written objection: send a signed letter to the landlord and keep proof of delivery.
• Evidence: collect proof of unreasonableness, e.g. medical certificates, school confirmations or official letters.
• If necessary: consider legal action or a statement before the competent local court.^[2]

Forms and evidence

There is no nationwide standard "objection form"; a simple signed letter with reasons and evidence is usually sufficient. Official forms and guidance are available from the competent local court or official justice websites. Make sure to include date, recipient address, a clear justification and copies of all evidence. Court procedures are governed by the Code of Civil Procedure (ZPO).^[3]

What to do if the objection is rejected or an eviction suit is filed?

If the landlord rejects the objection or files an eviction suit, seek legal advice promptly. The local court decides initially; appeals go to the regional court and possibly the Federal Court of Justice. Document all deadlines and correspondence and present your evidence to the court.

FAQ

Can I, as a family, file an objection against a termination?

Yes, families can object under §574 BGB if the termination would be unreasonable for them; you should provide a written justification.

Which deadlines must I observe?

Respond as soon as possible after receiving the termination and send the objection in a way that can be proven; the competent local court decides in disputes.

Which evidence is most important?

Medical certificates, school or daycare confirmations, official notices and other documents that demonstrate hardship.

How-To

1. Collect all relevant evidence such as medical certificates, school confirmations and official mail.
2. Draft a written objection with date, addresses, a clear justification and your signature.
3. Send the objection in a verifiable way (registered mail or hand in with receipt).
4. If rejected, check deadlines for filing a lawsuit or response at the local court and obtain legal advice if necessary.

Key points

• Documentation increases your chances of success.
• Do not miss deadlines, otherwise you may lose rights.

Help and Support / Resources

• §574 BGB in the official law text
• Code of Civil Procedure (ZPO)
• Information on courts and local courts

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1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §574
2. [2] Justizportal — Information on local courts
3. [3] Gesetze im Internet — Code of Civil Procedure (ZPO)