Checking Owner's Use: Tenant Rights in Germany
How owner use is checked
As a tenant in Germany it is important to understand how landlords may assert owner use and which checks make sense. First, document every landlord communication, appointments and conversations in writing. Note date, time and content of conversations and keep emails and letters. Collect photos of the living situation and any defects as well as all rent payments and receipts. These documents help prove contradictions or unclear statements by the landlord and show whether owner use is genuine or pretextual. If necessary, check the legal basis in the BGB and the deadlines for a response.[1]
Which pieces of evidence help
Not every document is equally strong; here are practical pieces of evidence that can support or refute landlord claims:
- Photos and videos of the apartment showing condition, defects or special circumstances.
- Written termination or notification drafts from the landlord and email correspondence.
- Statements from neighbors or witnesses, recorded in writing.
- Receipts for rent payments, statements and deposit proofs.
- Appointments, viewings and deadlines in a continuous logbook.
Verification steps for tenants
Proceed systematically: check whether the owner use is named concretely, whether a close person is specified and whether the stated need is plausible in time and place. Watch for contradictions like fluctuating addresses or changing time statements. Document suspicions and ask the landlord for proof (e.g. move-in plans, employer confirmations). Respond in writing and within deadlines; an unanswered termination can weaken your position. If uncertain, seek legal or official advice or inform the competent local court about possible proceedings.[2]
Practical advice for securing evidence
Concrete measures make later judicial assessment easier: create a chronological file, number documents, label photos with date and time and back up digital files in two locations. If possible, obtain written confirmations from third parties (e.g. neighbors). Also note whether the landlord simultaneously offers alternative apartments or re-rents; that can indicate pretextual owner use.
FAQ
- What is owner use and when is it permissible?
- Owner use exists when the landlord or a relative needs the apartment for their own housing; permissibility depends on the rules in the BGB and the specifics of the case.
- What deadline do tenants have to respond?
- Tenants should respond promptly and in writing; statutory deadlines depend on the individual case, so acting quickly is advisable.
- When should I go to the local court?
- If the landlord demands eviction or a termination appears unlawful, a lawsuit or application at the local court may be necessary.
How-To
- Collect all written communications, emails, photos and receipts in a chronological file.
- Record deadlines and appointments immediately in your logbook and set reminders.
- Write a factual response to the landlord and request evidence for the asserted owner use.
- Obtain legal advice or contact your citys tenant advice office for an initial assessment.
- If necessary, file a lawsuit or statements with the competent local court and use your evidence file.
Key Takeaways
- Thorough documentation strengthens your position in owner use disputes.
- Formal written responses and adherence to deadlines are crucial.
- The local court handles many tenancy disputes.
