Eigenbedarf for Seniors: Tenant Rights in Germany

Many seniors in Germany face the fear of losing their home due to an owner move-in claim. As a tenant you do have rights: you can check whether the requirements for an owner move-in are met, observe deadlines and, if necessary, file an objection or bring a lawsuit. This text explains in plain language which documents are important, which deadlines apply, which wordings in the termination letter matter and how the local court decides in disputes. The goal is that tenants know their options, find necessary forms and plan practical steps to defend their home. At the end you will find guidance on official forms, responsible courts and contact points so you can obtain targeted support.

What is owner move-in (Eigenbedarf)?

Owner move-in exists when the landlord needs the apartment for themselves, close relatives or members of their household. The legal basis can be found in the German Civil Code (BGB).^[1]

When is owner move-in permissible?

Owner move-in is only permissible if there is a concrete, current need and there are no overriding legitimate interests of the tenant.

• Owner occupancy by the landlord or close relatives (move-in).
• Taking over the apartment due to care or supervision of a senior (move-in).
• No very long lead time; the need must be concrete and planned in the near future (deadline).

How to check owner move-in

Proceed in a structured way: check letters, collect evidence and note deadlines.

1. Collect documents: tenancy agreement, earlier correspondence and possible evidence for the claimed need (document).
2. Check deadlines and proof of delivery of the termination letter (deadline).
3. Request a detailed explanation and, if necessary, evidence from the landlord (form).
4. If no agreement is possible, a lawsuit can be filed at the competent local court.^[2]

Forms and templates

Important templates for tenants include:

• Check the termination letter (sample text) — use clear dates and addresses.
• Objection letter to the landlord — state reasons and attached evidence (document).

How to respond: objection and lawsuit

Practical steps:

• Send an objection in time by registered mail; briefly state the reasons.
• Attach evidence: medical letters, tenancy contracts, correspondence.
• If necessary, seek legal advice and sue at the local court.^[2]

FAQ

Can the landlord terminate immediately if he claims owner move-in?

No. Termination periods and specific requirements apply that must be met.

What role does the tenant's age play?

Age can be considered an interest worthy of protection, but it is not a general obstacle to termination.

When does the court decide on owner move-in?

If tenants file an objection or an eviction lawsuit follows, the local court decides in the first instance; important decisions can go up to the Federal Court of Justice.^[3]

How-To

1. Read the termination letter carefully and note the delivery date (deadline).
2. Collect all relevant documents: tenancy agreement, letters, photos (document).
3. Draft an objection and send it by registered mail (form).
4. If necessary: file a lawsuit at the local court; inform yourself about the procedures in the Code of Civil Procedure (ZPO).^[2]

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH)