Checklist: Economic Use for Tenants in Germany

Many tenants face the question whether a termination for economic use is justified and how to gather evidence. This guide is for tenants in Germany and explains in plain language which legal bases apply, which evidence is useful, and how to observe deadlines and forms. You will get practical steps for documenting photos, correspondence and payment records as well as guidance for dealing with the landlord, meeting deadlines and going to the local court. I also explain which official forms and offices are useful and when legal advice or legal aid is appropriate. The goal is to enable you to review termination reasons objectively and strengthen your protection against termination.

When does economic use apply?

Economic use occurs when the landlord wants to use the apartment for their own economic purposes or can achieve a higher economic benefit. This can be renovation followed by sale, own use or extensive modernization. It is decisive that the landlord must prove a legitimate interest and that the tenant's interests are weighed.

Which evidence helps?

Good evidence shows condition, communication and payment flows. Collect timestamped documents and keep copies safe.

• Photos of the apartment condition with date and description.
• Correspondence with the landlord by email or registered mail.
• Payment receipts, bank statements and receipts for rent and deposit.
• Forms, offers or expert reports regarding planned measures.

Legal basis

German tenancy law governs rights and obligations in §§ 535–580a BGB; landlord terminations are subject to strict requirements and formal rules.^[1] Court proceedings follow the Code of Civil Procedure (ZPO), especially for eviction claims before the local court.^[2]

Forms and templates

Important official guidance and legal texts can be found at the Federal Ministry of Justice and on "Gesetze im Internet." Example: An ordinary landlord termination must be in writing and state the reasons (see § 568 BGB). § 568 BGB explains the formal requirement. For information on advisory and procedural aid see the Federal Ministry of Justice.^[3]

Frequently Asked Questions

What is economic use?

Economic use is when the landlord uses the apartment for their own economic purposes or seeks a higher economic benefit.

Which evidence is best?

Photos with dates, complete correspondence and payment records are particularly persuasive.

Who can I contact?

In disputes the local court often helps; beforehand legal advice or legal aid can be useful.

How-To

1. Take photos: document defects and condition with dated images.
2. Secure correspondence: save emails and letters in order.
3. Collect payment proofs: keep bank statements and receipts ready.
4. Observe deadlines: note appointments and deadlines immediately.
5. Seek advice: contact a counseling center or lawyer if unsure.

Help and Support / Resources

• Gesetze im Internet: BGB
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

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1. [1] German Civil Code (BGB) - gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) - gesetze-im-internet.de
3. [3] Federal Ministry of Justice (BMJ) - bmj.de