Check Personal-Use Eviction 2025: Tenants in Germany
Many tenants in Germany feel uncertain when their landlord serves a termination for personal use. This guide explains clearly and practically how tenants can spot common mistakes, meet deadlines and secure evidence to defend against unjustified terminations. You will learn what information a lawful notice for personal use must contain, which deadlines apply and when the local court becomes involved. Practical steps help to systematically collect documents, photos and correspondence and to prove deadlines in writing. This text does not replace individual legal advice but provides clear actions and refers to official laws and courts in Germany.
Common mistakes in personal-use termination
- Ignoring or miscalculating deadlines.
- Incomplete or unclear justification in the termination letter.
- Lack of evidence for the claimed personal-use situation.
- Wrong assumptions about change of use or use by relatives.
- Underestimating social hardships and possible hardship exemptions.
What tenants should check immediately
Check the termination letter for complete information: specific personal use (who, why, from when), the date, the landlord's signature and formal delivery. If any of these details are missing, the notice may be contestable. Record exactly when you received the letter and, if possible, send a receipt confirmation or request clarification by registered mail.
- Missing identification of the person and purpose in the termination letter.
- Failure to comply with notice periods.
- No proof that the landlord actually needs the apartment.
What to document systematically
Well-documented records help in court and with authorities. Collect all relevant evidence immediately and keep a brief log with dates and content of conversations.
- Photos of the apartment and key items with timestamps.
- Bank statements and receipts for rent and utilities.
- All letters, e-mails and witness statements with dates.
- A chronological list of important dates and deadlines.
Deadlines and legal steps
If a landlord gives notice for personal use, statutory deadlines and landlord rights are governed by the BGB[1]. Act promptly: within the period stated in the notice or—if unclear—within the statutory period. If necessary, seek guidance from the local court or request access to files if an eviction lawsuit is threatened. The court procedure follows the Civil Procedure Code for eviction cases and related deadlines[2].
Forms and official steps
There is no single nationwide standard form for a personal-use termination because the notice must be individually justified. Instead, a termination letter must meet statutory requirements (specificity of need, signature, delivery). As a tenant, use template wording to file objections and court submissions when necessary; if in doubt, send a short written request to preserve deadlines and ask the landlord for clarification.
Practical steps after receipt
- Note the date, scan and securely store the letter.
- Request written clarification of the personal-use grounds from the landlord if information is missing.
- Collect evidence: rent payments, photos, witness names and e-mails and create a chronological file.
- Contact legal advice or tenant counseling and file a timely response with the local court if needed.
Key takeaways
- Documentation is your strongest tool against vague or unjustified personal-use terminations.
- Act immediately on notices and observe deadlines carefully.
- Use official legal resources and the local court to resolve disputes.
