Opposing §574 BGB for Tenants in Germany

As a tenant in Germany you can, under §574 BGB, object to a termination by the landlord if ending the tenancy would cause unbearable hardship for you or your family. This text explains in simple steps what a "hardship objection" means, which deadlines apply, which formulations and official forms are important, and how proceedings at the local court (Amtsgericht) can proceed. You will learn which proofs (e.g., medical certificates, school confirmations) help, how to collect evidence and how to apply for legal advice assistance or legal representation. I provide practical wording, a sample letter and explain when a settlement makes sense or how eviction protection can be achieved.

What is §574 BGB?

Section 574 of the BGB regulates the so-called hardship objection: tenants may object to termination if ending the tenancy would represent an unbearable hardship for them or their dependents. The entitlement is anchored in the Civil Code and protects against social or health-related emergencies. An objection must be justified and supported by suitable evidence. For further details see: §574 BGB^[1].

When is an objection worthwhile?

An objection can be worthwhile if family members are seriously ill, small children live in the household, the tenant is pregnant, or no replacement housing is available at short notice. Also if eviction would lead to significant health risks, an objection should be considered. The credibility and currency of evidence are decisive: medical certificates, school or daycare confirmations and proofs of alternative housing availability.

Form and deadlines

The objection should be submitted in writing and clearly state the reasons. There is no fixed statutory form, but a clear date, your signature and a concise justification are important. Submit the objection as soon as possible after receiving the termination and observe any deadlines for eviction to avoid losing defense options. If you need financial help, the application for legal advice assistance can help cover consultation or representation costs.^[2]

Evidence and practical examples

Collect documents that justify your hardship: medical certificates, school or daycare confirmations, proof of required medical devices or therapy schedules, and bank statements to show financial hardship. A practical sample letter states the reasons briefly, attaches evidence and requests the landlord's statement or an extension of the deadline.

Sample wording (brief)

"I hereby object to the termination dated [date]. Due to the medically certified illness of household member X, termination of the tenancy would constitute an unbearable hardship. I attach the certificate dated [date] as proof."

Court procedure

If the landlord persists, the matter can go to the local court. The court decides whether the hardship is sufficiently proven. Usually, the Amtsgericht examines the situation and may order eviction protection or a compensation arrangement. For fundamental legal questions, higher courts such as the Landgericht or the Federal Court of Justice are responsible.

FAQ

Who can object under §574 BGB?

Any tenant whose termination would cause an unbearable hardship for them or their dependents.

Which evidence is most suitable?

Medical certificates, school or daycare confirmations, and proof of care needs or lack of alternative housing.

Is there a deadline for the objection?

There is no uniform statutory objection deadline, but respond immediately after receiving the termination to avoid losing rights.

Which courts handle rental disputes?

The local court (Amtsgericht) is usually the first instance; higher instances include the regional courts and the Federal Court of Justice.

How-To

1. Read the termination carefully and note the date of receipt.
2. Write the objection with date, signature and clear hardship justification.
3. Attach all relevant evidence (certificates, confirmations, bank statements).
4. Apply for legal advice assistance if needed or seek legal representation.
5. Submit the objection and documents to the landlord and document delivery.
6. If a lawsuit follows, prepare for the hearing and present your evidence in order.

Help and Support / Resources

• Gesetze im Internet – BGB (Complete text)
• Federal Court of Justice (BGH) – Official site
• German Courts Portal (Justiz)

1. [1] §574 BGB – Gesetze im Internet
2. [2] Application for legal advice assistance – Justiz NRW
3. [3] Federal Court of Justice – Official website