Objection under §574 BGB: Tenant Rights in Germany

As a tenant in Germany, families often face complicated decisions when a landlord gives notice or a change of use is threatened. A formal objection under §574 BGB can protect rights, but mistakes in meeting deadlines, wording or missing documentation can jeopardize effectiveness. This text clearly explains common mistakes families make, how to meet deadlines, which forms and evidence are needed and when going to the local court is sensible. You will receive clear action steps for submission, practical sample phrases and notes on enforcement and procedural aspects. The goal is that you as a tenant react more confidently, act promptly and increase your chances in court and negotiations.

When is an objection under §574 BGB appropriate?

An objection under §574 BGB may be appropriate when a termination for reasons like owner occupancy would be unreasonable for families. Specifically cite protection needs (e.g. school attendance, pregnancy, caregiving responsibilities) and document housing needs and special circumstances. Observe the statutory provisions in §574 BGB.^[1]

Common mistakes

• Missing deadlines (failing to meet response dates or litigation deadlines).
• Formal errors in the objection letter (missing signature or unclear reasoning).
• Insufficient evidence (no photos, payment receipts or witness statements).
• Not seeking legal advice in time or underestimating the local court for eviction cases.
• Poor documentation of repairs and defects even though they may justify unreasonableness.

What belongs in the objection?

An effective objection should be clear, concise and supported. State the termination reason, explain why it is unreasonable for your family, attach supporting documents and sign the letter.

• Clear explanation: Why is the termination unreasonable for your family?
• Attach evidence: photos, school certificates, medical certificates, payment proofs.
• Include deadline information: cite the notice date and check deadlines.

How to prepare evidence?

Collect all relevant documents chronologically: rent payments, correspondence with the landlord, photos of defects and notes of appointments. Create a simple list with dates and brief descriptions. Keep copies in multiple safe places.

How-To

1. Check the notice and note all relevant dates.
2. Draft the objection in writing with a clear presentation of why it is unreasonable.
3. Attach full evidence and make copies.
4. Submit the objection and respond in time to any court actions at the local court.
5. Use legal advice services or apply for legal aid if necessary.

Help and Support / Resources

• §574 BGB — gesetze-im-internet.de
• ZPO — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

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1. [1] §574 BGB — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de