Checking Owner-Occupancy Notice: Tips for Tenants in Germany
What to check with an owner-occupancy notice
As a tenant you should first check formal points: who signed the notice, whether the notice period is stated correctly and whether the letter names the specific owner-occupancy reason with justification. Also check if replacement housing or moving deadlines are mentioned. Legal basics for tenancy terminations can be found in the BGB[1].
Important evidence
- Photos of the condition of rooms and the apartment (note the date).
- All written messages: letters, emails and SMS copies.
- Tenancy agreements, subtenancy agreements and handover protocols.
- Payment receipts for rent and utilities.
Shared-flat (WG) specific documentation
In shared flats it is important to document the names of all occupants, separate rent payments and who uses which inventory. Collect separate payment proofs and, if available, sublease agreements or written arrangements between housemates.
- Copy of all individual tenancy agreements and subletting agreements.
- Inventory list with responsibilities and condition notes.
- Witness names and short written statements about shared agreements.
Deadlines and formal steps
Observe statutory deadlines for objection or response; deadlines can be decisive. For legal proceedings and formal claims the rules of the Code of Civil Procedure apply[2].
- Eviction deadline: check the date carefully and note all deadlines in writing.
- Cancellation and objection forms: use official templates or samples from your local court or justice portal.
- Eviction lawsuit: if necessary, the lawsuit is filed at the competent local court; check the procedural rules.
When to seek professional help
Seek legal advice if the stated reason for owner-occupancy is unclear, the landlord gives contradictory information, or objection deadlines are running. Higher courts such as the BGH have rulings relevant to disputed individual cases[3].
Häufige Fragen
- Which information must an owner-occupancy notice contain?
- The notice should name the concrete reason for owner-occupancy and the person for whom the flat is needed; generic statements are often insufficient.
- Can you object to an owner-occupancy notice?
- Yes, tenants can object and present evidence, for example that no real need exists or that the termination is socially impermissible.
- What happens in an eviction lawsuit?
- The landlord can file an eviction lawsuit at the local court; the court decides based on the evidence presented and legal requirements.
Anleitung
- Collect evidence: photos, tenancy agreements, emails and payment receipts in chronological order.
- Note deadlines: mark all dates clearly and set calendar reminders.
- Secure witnesses: collect names, contacts and short written statements from housemates or neighbors.
- Use forms: download and complete official templates for objections or court preparations.
- Court steps: when filing a lawsuit at the local court, hand over all evidence in an organized manner.
Help and Support / Resources
- BGB online – Civil Code
- Code of Civil Procedure (ZPO) online
- Federal Court of Justice (BGH) – Decisions
