Protect Tenants from Owner's Claim in Germany

Many tenants in Germany, especially seniors, feel under pressure when the landlord claims the apartment for personal use. As a tenant you should know which rights and deadlines apply, how to check a notice of termination and which pieces of evidence matter. This guide explains in clear language typical mistakes — such as missing deadlines, lacking documentation or unclear communication — and shows practical steps to contest the claim or negotiate solutions. You will find references to relevant legal provisions, suggested wording for responses and the authorities that handle tenancy disputes. The aim is that you, as a tenant, can assess your rights in Germany more confidently and react appropriately. At the end you will also find a checklist with concrete templates and links to official agencies.

When a landlord can claim personal use (Eigenbedarf)

Personal use is a legal reason for termination when the landlord needs the flat for themselves, family members or household members. The conditions and limits are regulated in tenancy law in the BGB; pay particular attention to the requirements under §573 BGB^[2] and the general provisions on duties and termination in §§ 535–580a BGB^[1]. Not every assertion of personal use is automatically enforceable.

Common mistakes tenants should avoid

• Ignoring deadlines or reacting too late.
• Failing to document important evidence (lease, correspondence, photos).
• Responding without legal review or not in writing.
• Not presenting or incompletely presenting hardship reasons.

How to check and contest typical mistakes

First check the form of the termination: date, signature, specific justification and recipient. Note the given deadlines and respond within those periods. Collect all relevant documents (lease, handover records, correspondence, possible evidence of your need to stay) and create a chronological file. If the landlord does not provide clear proof of personal need, you can file an objection and present hardship reasons. Legal foundations are available in the BGB^[1].

How-To

1. Check the form of the termination: is it written and signed?
2. Note deadlines: record date of service and objection deadlines.
3. Gather evidence: secure lease, correspondence, photos and witness statements.
4. Seek advice: contact tenant advice, a lawyer or consumer advice and consider filing an objection or lawsuit at the competent local court^[3].

FAQ

What is personal use (Eigenbedarf)?

Personal use occurs when the landlord needs the apartment for themselves, close relatives or for permanent use in their own household.

Which deadlines must I observe?

Observe the deadline stated in the termination and the statutory vacating periods; respond in writing within the stated deadline and note the date of service.

Which court is competent if there is a dispute?

Local courts (Amtsgerichte) are usually competent for tenancy disputes; higher instances are the regional courts and, for legal questions, the Federal Court of Justice^[3].

Key takeaways

• Documentation is decisive: collect evidence and record dates.
• React within deadlines: missed deadlines weaken your position.
• Seek legal advice early, especially for seniors with hardship grounds.

Help and Support

• BGB: Laws in the Internet (gesetze-im-internet.de)
• Federal Court of Justice: decisions on tenancy law (bundesgerichtshof.de)
• Information on courts in Germany (justiz.de)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet – BGB § 573 (termination for personal use)
3. [3] Federal Court of Justice – information and decisions (bundesgerichtshof.de)