Challenge Owner's Eviction: Tenant Rights in Germany

What is owner move-in (Eigenbedarf)?

Owner move-in occurs when the landlord needs the apartment for themselves, family members or household members. The landlord must state the need concretely; general statements are not sufficient.^[1]

When is a notice effective?

An ordinary termination for owner move-in is only effective if it meets legal requirements, in particular the reasons under § 573 BGB and exceptions such as hardship under § 574 BGB. Check the notice periods, justification and service carefully.^[1]

Forms and templates

Important steps require written documents: a simple signed objection to the termination; collecting evidence (correspondence, photos, witnesses); if necessary a claim for eviction or an application to the competent court. Official claim forms and guidance are available from judicial authorities.^[2]

How can tenants check owner move-in?

Practically, tenants check owner move-in by following steps and keeping clear documentation, especially in big cities with tight housing markets.

• Collect evidence: correspondence, lease, photos, witnesses.
• Observe deadlines: note the date the notice was received and calculate time limits.
• Write an objection: state reasons clearly, cite hardship and send by registered mail.
• Involve the court: if eviction is threatened, consider filing a claim or seeking an interim injunction.

Practical steps after a notice

1. Check immediately: record the date of the notice and calculate deadlines.
2. Gather evidence: emails, letters and photos.
3. Draft an objection within the deadline: explain briefly and state hardship reasons; sign and send.
4. If the case escalates: file a claim at the local court and consider an interim injunction.

FAQ

What can I do if the landlord claims owner move-in?

Check the reasons, collect evidence, file a timely objection and seek legal assistance; in many cases the local court decides on validity.

Which deadlines apply?

Pay attention to the date the notice was received. Tight deadlines apply for objections and court actions, so act quickly.

When can I be evicted?

Eviction is only possible after a final court decision; until then an interim injunction can offer protection.

How-To

1. Check deadlines: note the notice date and calculate time limits.
2. Collect evidence: correspondence, photos and witness statements.
3. Draft an objection: state reasons briefly, cite hardship and sign.
4. Engage the court: file a claim at the local court and consider an interim injunction.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Justice portal of the federal and state governments (Justiz)
• Federal Court of Justice (BGH) – Decisions

1. [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – Case law