Check Eigenbedarf Eviction for Tenants in Germany

Many seniors in Germany face a landlord's claim of personal use and do not know how to respond. This guide explains in plain language how tenants can check whether an owner's personal-use eviction is lawful, which deadlines apply, and which documents matter. You will learn when to object or resist eviction, what role the local court plays, and how to collect evidence such as tenancy contracts, medical certificates, or shared-housing agreements. Practical steps show how to find official forms, contact support services, and, if necessary, arrange legal representation. The goal is to give seniors clear actions so they can effectively protect their rights in Germany. Read on below.

What does "Eigenbedarf" mean?

"Eigenbedarf" exists when the landlord needs the apartment for themselves, close relatives, or household members. Under German tenancy law, the landlord must state the need concretely and deliver the termination in writing^[1].

Check the claim and deadlines

Check whether the justification is plausible and which notice periods apply. For long-term tenancies the periods increase and special social protections may benefit seniors.

• Check the deadline: typically three months or longer depending on tenancy length.
• Form and delivery: the termination must be served in writing.
• Social protection: seniors, illness or hardship may make the termination invalid.

Important documents and evidence

Keep a list and collect copies of all relevant documents; clear files increase your chances in court.

• Keep the tenancy agreement and earlier terminations.
• Medical certificates or official notices showing special protection.
• Correspondence with the landlord and witness statements.

If you object or need help

If you believe the termination is unjustified or raises social-law concerns, you can object and seek legal advice. In an eviction suit the local court prepares the proceedings under the Civil Procedure Rules^[3][2].

• Contact the landlord in writing and observe deadlines.
• Send a formal objection with your reasons.
• For eviction suits: prepare for proceedings at the local court^[3] under the rules of the ZPO^[2].
• Ask about legal aid or advice services.

Forms and templates

There are templates for termination letters, objections and statements of claim; use official court or ministry templates where possible.

• Termination letter (template) – model for the landlord's written termination.
• Objection letter – template to contest the termination in writing.
• Eviction claim / complaint – documents for proceedings at the local court.

FAQ

Can my landlord evict me for personal use even if I have lived there for decades?

Yes, in principle personal-use eviction is possible; however social protection reasons can make a termination ineffective.^[1]

What notice periods apply to a personal-use eviction?

The notice period depends on the length of the tenancy; check §573c BGB and act promptly.^[1]

Where do I go in case of an eviction suit?

The competent local court conducts the proceedings; look there for information and forms.^[3]

How-To

1. Read the termination immediately and note the date of receipt.
2. Check the landlord's justification and compare it with the tenancy agreement.
3. Collect all relevant documents such as the tenancy contract, medical certificates and correspondence.
4. Write a formal objection and send it by registered mail.
5. Seek legal advice or apply for legal aid if necessary.
6. If needed, file a response with the local court and prepare for the hearing.

Key takeaways

• Personal-use eviction must be concrete and verifiable.
• Act immediately to avoid missing deadlines.
• Documentation strengthens your position in court.

Help and Support / Resources

• Laws: BGB §§535–580a (tenancy law)
• Information on courts and jurisdiction
• Federal Court of Justice – tenancy law decisions

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1. [1] BGB §573 Landlord termination
2. [2] ZPO - Civil Procedure Code
3. [3] Local courts and jurisdiction information
4. [4] Federal Court of Justice - tenancy rulings