Tenant Objection §574 BGB in Germany

As a tenant in Germany you can contest a landlord's termination with a timely objection under §574 BGB. This guide explains step by step which deadlines apply, which official forms may be needed and how to collect evidence to protect your rights. You will learn when a hardship case exists, how the local court handles housing disputes and which documents help in an eviction suit. The language remains clear and practical: examples show how to draft the letter, what payment and notification duties apply and when to seek legal advice or assistance from authorities. At the end you will find a checklist, FAQ and concrete action instructions. Read on for form copies and sample text tips.

What §574 BGB Means for Tenants

§574 BGB protects tenants from a landlord's termination of the tenancy if continuing the tenancy would cause an unreasonable hardship for the tenant or if the landlord's interests prevail. The paragraph is specifically relevant in termination cases and requires a careful balancing of both sides.^[1]

Immediate Steps: Checklist for a Timely Objection

• File a written objection in time (within 2 weeks after receipt of the termination).
• Date the termination letter, make copies and secure proof of receipt.
• Collect evidence: photos of defects, reports to the landlord and payment receipts.
• Prepare template text and form notes: clearly state the reason for objection (e.g. hardship case).
• If an eviction suit is announced, name the competent local court and note deadlines.

Forms and Official Templates

There is no mandatory official form for an objection under §574 BGB; a written, signed letter with date and reasons usually suffices. However, court proceedings often require standardized submissions according to the rules of the Code of Civil Procedure (ZPO) and the local court's procedural instructions.^[2] A practical template for an objection should include: sender, recipient, reference to the termination letter, clear reasoning (e.g. health, work, or family reasons) and a signature. If possible, send the letter by registered mail with return receipt.

Securing Evidence and Deadlines

• Take dated photos and create a chronological log of defect reports.
• Keep payment receipts and bank statements to prove rent payments.
• Record witnesses with contact details who can confirm conditions and times.

Court Steps & Jurisdiction

In the event of an eviction suit or if the landlord sues, the local Amtsgericht is usually responsible; appeals go to the Landgericht and, for legal precedent, the Federal Court of Justice (BGH). Key procedural rules are found in the ZPO.^[2] For fundamental interpretations of tenancy law, BGH jurisprudence is authoritative.^[3]

Key Takeaways

• Act within deadlines: timing is crucial to protect against termination.
• Secure documents: photos, correspondence, and payment proofs are central evidence.
• Seek court assistance: the local Amtsgericht is the first point of contact in lawsuits.

FAQ

Can I file an objection verbally?

No. An objection should be in writing so date and content are clearly provable.

What is the deadline for the objection?

Practically, you should react within a few days; formally, observe the deadlines in the termination and court rules.

Is there an official template for the objection?

There is no mandatory official form for an out-of-court objection; court procedures follow the ZPO form requirements.^[2]

Which court is competent if the landlord sues?

The local Amtsgericht is typically competent in first instance, the Landgericht for appeals, and the BGH for matters of principle.^[3]

How-To

1. Draft a clear objection: include date, reference to the termination, reasons and signature.
2. Send it within the relevant deadline by registered mail with return receipt.
3. Compile evidence: photos, payment records and correspondence.
4. Contact the local Amtsgericht to learn about possible litigation steps if the landlord proceeds.

Help and Support / Resources

• §574 BGB — Gesetze im Internet
• Justice Portal of the Federal Government and the Länder
• Federal Ministry of Justice and Consumer Protection

1. [1] §574 BGB — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Bundesgerichtshof