Contest Owner-Occupancy Evictions: Tenants Germany

If you, as a tenant in Germany, receive an owner-occupancy eviction notice, prompt and structured action is important. In this guide we explain in plain language what rights tenants have, which deadlines apply and which evidence you should collect. You will learn how to legally review the termination, when an objection makes sense and which courts are competent. The explanations are based on relevant federal laws and court jurisdictions so you know which official steps are possible and how to practically approach forms or court procedures.

What is an owner-occupancy eviction?

An owner-occupancy eviction is an ordinary termination by the landlord aimed at using the apartment for themselves, family members or members of their household. Legally, this is supported by the BGB, which defines permissible reasons and requirements.^[1]

How do tenants check the termination?

First check formal requirements: date of delivery, signature and whether the termination was given in writing. The law prescribes form requirements; if the written form is missing, the termination is often invalid.^[2]

• Check deadlines and note the delivery date.
• Collect documents: lease contract, handover records, correspondence and photos.
• Draft an objection in writing and justify it if facts speak against the owner-occupancy.
• Find contacts: tenant association, legal expenses insurer or specialized lawyer.
• Find out which court is competent in the event of a dispute (usually the local court).

When is owner-occupancy inadmissible or contestable?

Owner-occupancy can be contested if it is fabricated, if the landlord does not actually need the apartment, or if social hardships for the tenant outweigh (e.g., advanced age, illness, small children). In individual cases, the competent court decides on appropriateness.

Practical steps for tenants

Follow this checklist to secure your rights and avoid common mistakes.

• Note deadlines: check termination periods and times for objection or eviction.
• Secure evidence: correspondence, witnesses, photos and receipts.
• Contact advice: reach out to a tenant association or lawyer for review.
• If necessary, prepare a written statement or court filing for the local court.

FAQ

Can I file an objection against an owner-occupancy eviction?

Yes. A formal objection should be submitted in writing and state reasons, such as objection to fabricated need or significant social hardships.

Does the landlord have to prove the owner-occupancy?

The landlord must state concrete reasons and credibly demonstrate why they need the apartment; general statements are usually insufficient.

Which court is competent if there is a dispute?

Generally the local court (Amtsgericht) is competent; in higher instances the regional court (Landgericht) or the Federal Court of Justice (BGH) decides on fundamental questions.

How-To

1. Read the termination immediately and note delivery date and deadlines.
2. Collect all relevant documents and evidence.
3. Contact a tenant association or lawyer and have the termination reviewed.
4. If necessary, prepare a written statement or lawsuit for the local court.
5. Advance organizational steps in case moving cannot be avoided.

Key Takeaways

• Owner-occupancy is legally valid only with concrete, plausible reasons.
• Good documentation improves the chances of successfully contesting a termination.

Help and Support / Resources

• Hotline and information on tenancy law at the Federal Ministry of Justice and Consumer Protection.
• Statutory texts BGB (Tenancy law §§ 535–580a) on gesetze-im-internet.de.
• Information and decisions at the Federal Court of Justice (BGH).

1. [1] BGB §573 - Ordentliche Kündigung des Vermieters (gesetze-im-internet.de)
2. [2] BGB §568 - Form und Zugang der Kündigung (gesetze-im-internet.de)
3. [3] Bundesgerichtshof - Entscheidungen zum Mietrecht (bundesgerichtshof.de)