Checking Owner's Need: Tenant Guide for Germany

As a tenant in Germany, it is important to know how landlords declare owners need and what rights you have. This practical guide explains clearly what to watch for in a termination for owners need: which documents support specific statements of housing need, which deadlines apply for delivery and objections, and what steps are possible in case of an unjustified termination. I show how to collect documents and photos securely, which official forms are relevant and when a court may be involved. The goal is to give you clear actions so you can protect your tenancy, meet deadlines and decide whether a defense or a settlement makes sense. Read on for practical sample forms, evidence tips and contact points in Germany.

What is owners need?

Owners need means the landlord requires the apartment for themselves, family members or household members. Under § 573 BGB the landlord must state a legitimate interest; vague or hypothetical statements are not sufficient.^[1]

When can the landlord terminate?

A termination for owners need is only possible if the landlord meets the statutory requirements: a concrete indication of the person, the reason for the need and compliance with social selection criteria when multiple tenants are affected. Deadlines and formal requirements are legally binding and must be observed.^[1]

Evidence and documentation

• Collect photos of the living situation and any evidence the landlord cites as justification.
• Secure written correspondence (emails, letters) and document dates.
• Keep forms, termination letters and handover records.
• Note contact details of witnesses or neighbors.

Forms and deadlines

Check the termination letter for date, signature and specific reasoning. Objection options and eviction lawsuits have tight deadlines; record delivery and receipt times precisely. Official legal texts and court information help correctly assess the situation.^[1]

What to do after a termination?

1. Immediately check the delivery date and deadlines and prepare a timeline.
2. Collect all evidence, photos and correspondence in an organized way.
3. Draft a written response if appropriate and send it with proof of delivery.
4. Seek early legal advice or help from the local court or an advisory service.

Court proceedings

If no agreement is reached, the landlord can file an eviction claim at the competent local court; proceedings follow the Code of Civil Procedure (ZPO). The local court is typically the first instance for tenancy disputes, while higher courts include the regional court and the Federal Court of Justice.^[2]

FAQ

Can the landlord terminate solely for owners need?

Yes, but the reasoning must be concrete, verifiable and legally permissible; general statements are insufficient.

What deadlines apply after receiving the termination?

Deadlines depend on the reason for termination and the length of tenancy; check the delivery date and act promptly.

Which authorities or courts are responsible?

For tenancy disputes, the local court is usually the first instance; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Check the letter immediately for date, signature and reason.
2. Gather evidence: photos, emails, contracts and witness statements.
3. Write a response and send it with proof of delivery.
4. Contact an advisory service or the local court for procedural guidance.
5. Prepare documents for a possible court case.

Help and Support / Resources

• Federal Ministry of Justice (BMJ)
• Gesetze im Internet (Official law texts)
• Federal Court of Justice (BGH)

1. [1] §573 BGB – Gesetze im Internet
2. [2] ZPO – Code of Civil Procedure on Gesetze im Internet
3. [3] Federal Ministry of Justice – Official information