Check Owner Occupancy: Tenants in Germany
Many tenants in German big cities face owner-occupancy terminations that are often executed incorrectly. This article clearly explains what tenants in Germany should check: formal requirements, deadlines, the landlord's justification and evidence. You will learn practical steps such as how to object within deadlines, collect verifiable documents and involve the local district court if necessary. We show typical landlord mistakes and how to read court decisions as well as the BGB and the ZPO. The guide lists official forms, typical deadlines and concrete examples so you are prepared in case of a dispute.
What to check with owner-occupancy?
First check whether the termination meets all formal requirements and whether the justification is plausible. Pay special attention to detailed information about the purpose of the owner-occupancy termination, affected rooms and who will specifically move in. Ask the landlord for evidence and concrete dates instead of vague wording.
- Documents: Request the written justification and any evidence from the landlord.
- Deadlines: Check the termination period and dates for objection or eviction.
- Formalities: Do the date, signature and delivery of the termination match?
- Judicial relevance: Consider whether an objection before the district court is necessary.
Typical landlord mistakes
Common errors are vague justifications, missing names of the persons moving in, contradictions in the schedule or recent re-rentals that call the owner-occupancy into question. You can use such inconsistencies to challenge the termination as a tenant.
Examples
- Unclear justification: "owner-occupancy" without stating who will move in.
- Contradictory information: landlord rented to third parties shortly before.
- Failure to meet deadlines: termination not properly delivered.
How do I defend myself as a tenant?
Document everything: termination, communications, photos and witnesses. Send a written objection with a deadline and request evidence. In your objection, name specific points that are unclear or contradictory and announce that you will involve the local district court if necessary. Refer to relevant legal provisions to support your position.[1][2]
FAQ
- Can I object to an owner-occupancy termination?
- Yes, tenants can object in writing and within deadline and demand that the landlord specify reasons and evidence.
- What deadlines apply to an owner-occupancy termination?
- Statutory termination periods depend on the length of the tenancy; check your specific period and act promptly.
- When is the district court responsible?
- For tenancy disputes such as eviction suits and termination issues, the local district court is usually responsible in the first instance.
How-To
- Collect all relevant documents such as the termination letter and previous communications.
- Draft a written objection with concrete points and a deadline for response.
- Contact legal advice services or the tenant counseling in your federal state if necessary.
- If required, file a claim at the district court or have the termination judicially reviewed.
