Check Personal-Use Termination: Tenant Rights Germany
As a tenant in Germany, a sudden personal-use termination is stressful. This guide helps you step by step to check whether the termination is lawful, which pieces of evidence matter and how to respond on time. We explain concepts from the BGB in plain language, show typical landlord mistakes and give practical tips for collecting documents, photos and witness statements. You will also learn when an objection, a warning or a lawsuit makes sense and which deadlines the local court sets. The goal is that you know your rights, secure evidence systematically and act confidently or seek legal support.
What is a personal-use termination?
A personal-use termination is a landlord-declared termination because of personal need. Under the BGB the landlord may only terminate under certain conditions, for example if they need the apartment for themselves or close relatives.[1] As a tenant you should check whether the statements are concrete, plausible and not a pretext.
Steps: check and collect evidence
- Photos (photo): Take timely photos of the apartment condition and document changes.
- Correspondence (document): Collect all letters, emails and the landlord's termination notice.
- Rent payments (rent): Keep transfer receipts and receipts for recent months.
- Deadlines (deadline): Note all deadlines in the letter and respond within the stated times.
- Witness statements (evidence): Collect names and brief statements from neighbors or visitors.
- Repair reports (repair): Records of defects and reports to the landlord show the living situation.
When checking: did the landlord provide concrete details (person's name, move-in period)? Do the housing situation or behavior contradict the statements? Record all doubts in writing.
Deadlines, court and procedure
If you want to object or go to court, the local court (Amtsgericht) is responsible; in many cases the Amtsgericht decides on eviction actions and tenancy disputes.[2] Civil procedure law (ZPO) regulates the process and formal requirements. Pay attention to the deadlines mentioned in the termination and inform yourself early about possible steps.
Forms and practical examples
Important official forms include the application for legal aid (Antrag auf Prozesskostenhilfe) and the complaint to the competent local court. The application for legal aid is used when you cannot afford court costs; a practical example: you apply for legal aid so the court can examine an eviction suit even though you lack sufficient funds.[3]
Key action steps
- Check (notice): Read the termination letter carefully and note open questions.
- Document (evidence): Collect photos (photo), documents (document) and payment records.
- Contact (call): Request an explanation from the landlord in writing or seek legal advice.
FAQ
- What can I do if the personal-use termination is unclear?
- Request detailed information from the landlord, collect evidence and consider legal steps or an objection.
- Do I have to move out immediately after a personal-use termination?
- No, you must observe the statutory notice period; if uncertain, seek legal advice or consider suing against the termination.
- What role does the local court play?
- The local court decides on eviction actions, disputes over terminations and can examine deadlines and claims.
How-To
- Check the termination letter for concrete details and deadlines.
- Collect evidence: photos, documents and payment receipts.
- Contact the landlord in writing and request an explanation.
- Consider advice from tenant associations or a lawyer and check legal aid options.
- If necessary, file a timely complaint at the local court.
Key takeaways
- Systematic evidence collection strengthens your defense options.
- Observe deadlines and respond promptly to notices.
- Use official help and assess eligibility for legal aid.
Help and Support
- § 573 BGB — Termination for personal use
- ZPO — Civil Procedure Code
- Federal Court of Justice — rulings and guidance
