Check Owner-Use Eviction: 5 Steps for Tenants in Germany
When a landlord terminates a tenancy claiming owner-use, tenants often face significant pressure. This guide explains in five clear steps how you as a tenant in Germany can check the legality of an owner-use eviction, collect evidence and use suitable template letters. It addresses specific situations for shared flats (WGs), records deadlines and shows which authorities and courts are responsible. The goal is to give you pragmatic actions: from checking the reason for termination to collecting photos and correspondence up to the correct response and possible defense before the local court. The language remains easy to understand so that tenants without legal background can assess their rights confidently. At the end you will find sample texts and advice on keeping records.
What is owner-use?
Owner-use means the landlord needs the apartment for themselves, family members or household members. Not every claim is sufficient: the landlord must state a concrete, comprehensible reason. As a tenant, you should read the termination reason carefully and check its plausibility; legal bases can be found in the BGB, particularly regarding termination protection and deadlines.[1]
What should you check first?
- Check and note the termination deadline and date (deadline).
- Verify the termination letter for formal requirements (notice) — signature, date, exact addresses and the reason.
- Collect evidence (evidence): photos, the rental contract, correspondence, witnesses and handover records.
- Clarify jurisdiction (court) — find out which local court is responsible and whether prior dialogue is possible.
How to document for shared flats and individual tenants
In shared flats it is important who is named in the lease and which rooms are rented separately. Document who has lived in the apartment since when, who signed the lease and how rooms are used. Collect all communications with the landlord, copy texts and emails and timestamp photos.
- Save photos with dates (evidence) of rooms and personal belongings.
- Keep correspondence safe (notice): printed letters, emails, texts and handover records.
- Name witnesses (help): flatmates or neighbors can confirm facts.
What to do if the termination seems questionable?
If the termination reason is implausible or contains contradictions, you should file a written objection and at the same time collect evidence. Consider seeking legal advice or applying for consultation aid at the local court. In some cases, an application for interim injunctive relief may be useful if a rapid eviction date is looming.[2]
FAQ
- What can I do if the landlord claims owner-use?
- Check the justification immediately, note deadlines and request further details if unclear. Gather evidence and contact the competent local court or a legal advisor if necessary.
- What deadlines apply and where are they stated?
- Deadlines and requirements for landlord terminations are regulated in the German Civil Code (BGB); especially check the provisions concerning termination and notice periods.[1]
- How should I react as a shared-flat member?
- Check whether your flatmates are on the lease, document your duration of residence and ask for precise information about the landlord's need for the property.
How-To
- Review the letter (notice): Read the termination carefully and note date and deadline.
- Secure evidence (evidence): Collect and back up photos, contracts and messages.
- Observe deadlines (deadline): Respond within set deadlines and meet appointments.
- Seek advice (help): Contact the local court or apply for consultation aid.
- Plan next steps (move-out): If eviction is unavoidable, plan the move and document for possible compensation.
Help and Support / Resources
- Local courts and jurisdiction — justiz.de
- BGB, ZPO and statutes — Gesetze im Internet
- Federal Court of Justice — bundesgerichtshof.de
