Checking Owner's Need: Protect Tenants in Germany

What does "Eigenbedarf" mean?

"Eigenbedarf" means the landlord needs the apartment for themselves, family members or household members. As a tenant, you should check whether the reasons are plausible and whether the termination meets the formal requirements of tenancy law. The provisions of the BGB are decisive for legal classification.^[1]

When is the termination lawful?

A termination for owner's need is only lawful if the landlord has a legitimate interest, the termination is justified in writing and the statutory deadlines are met. Vague or general statements are usually not sufficient. Also check whether social hardships or special protection rights (e.g. for older or severely disabled tenants) apply.

Checklist: What to check and do immediately

• Check deadlines: compare the date in the termination letter with statutory notice periods.
• Check written form: is the termination signed and sufficiently justified?
• Collect evidence: secure photos, messages, witnesses and all relevant documents.
• Consider alternatives: contact potential replacement housing or support networks early.
• Seek advice: contact tenant protection organizations or lawyers if uncertain.

Official forms and templates

There is no uniform mandatory form for an owner's-need termination, but templates for termination letters and objection forms may be provided by authorities or ministries. Use official sources to check wording and to specify deadlines correctly.^[2]

Deadlines and response times

Deadlines are central: missing deadlines for objections or filings can affect your rights. Check the termination period stated in the letter and the statutory notice periods under the BGB. Respond in writing and on time if you have objections.

• Observe notice periods: determine the exact date when the tenancy is to end.
• Preserve deadlines: send objections or a statement in time and document delivery.

If it goes to court

Disputes are usually decided by the local court (Amtsgericht); proceedings cover rent reduction, termination protection and eviction claims. The rules of the Code of Civil Procedure (ZPO) apply to lawsuits.^[3] Important precedent decisions from the Federal Court of Justice (BGH) are relevant for assessing owner's-need terminations.^[4]

How-To

1. Check the termination: verify the date and justification for completeness and plausibility.
2. Collect evidence: compile photos, messages, payment receipts and witness statements.
3. Use official templates: draft a written statement or objection using official templates.
4. Seek legal help: contact tenant associations, legal advice or a lawyer and, if necessary, prepare a lawsuit at the local court.
5. Submit documents on time: file correspondence and applications with proof of delivery, by registered mail or electronically.

FAQ

What can I do if my landlord terminates for owner's need?

Check the justification, collect evidence, respond in writing within the deadline and obtain legal advice.

Which deadlines apply to an owner's-need termination?

The notice periods depend on the length of the tenancy and are regulated in the BGB; check the termination date carefully.^[1]

Who decides in a dispute about owner's need?

Usually the local court (Amtsgericht); civil procedure rules of the ZPO apply and the BGH provides guiding decisions.

Key takeaways

• Secure evidence systematically and completely.
• Observe all deadlines and respond in writing.
• Seek legal support promptly if in doubt.

Help and Support / Resources

• Gesetze im Internet (BGB and ZPO)
• Justice Portal of the Federal Government and the States (local courts)
• Federal Court of Justice (BGH) – Decisions

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Federal Ministry of Justice and Consumer Protection – Templates and Information
3. [3] Justice Portal of the Federal Government and the States – Local Courts and Competences
4. [4] Federal Court of Justice (BGH) – Decisions and Principles