Challenging Owner-Use Evictions: Tenants Germany
As a tenant in Germany, an owner-use eviction can quickly cause anxiety. This guide explains clearly how to review such a notice: which deadlines apply, which wordings are problematic and which official forms you can use. I describe practical steps for documentation, possible responses to the landlord and when a legal review by the local court (Amtsgericht) makes sense. You will receive notes on relevant BGB sections, on the course of an eviction claim and on common misconceptions tenants often make. The goal is to give you concrete guidance so you can meet deadlines, assert your rights and defend yourself against unlawful or formally defective notices. We also explain which official bodies can help and how to systematically collect and secure evidence.
How does an owner-use eviction work?
Landlords may issue a termination for owner use under the rules of the German Civil Code. Important are the formal requirements: a concrete, verifiable need, the correct written form and reasonable notice periods under Sections 535–580a of the BGB.[1] A mere intention without genuine need is not sufficient.
Keep all letters and emails about your eviction safe.
What tenants should check first
- Check deadlines: note the termination period and the time to respond as a tenant.
- Check form, content and justification: is the owner use specified concretely?
- Create documentation: take photos, save emails, note witnesses.
- Check legal protection: consider timing for clarification at the local court.
Many mistakes arise because terminations are formally defective or landlords give only vague owner-use reasons. Check the address, the exact purpose (for example, a family member moving in) and whether the landlord named alternative apartments.
Respond in writing within the deadlines, otherwise important rights may be lost.
Official forms and practical examples
- Application for legal advice aid (Beratungshilfe): Tenants can apply for initial legal consultation; example: you want to have the termination checked for formal correctness.
- Application for assistance with legal costs (Prozesskostenhilfe): If court proceedings become necessary, this form helps reduce court and attorney costs.
- Written response to the landlord: prepare a template letter asking for evidence and setting a deadline (not an official form, but recommended).
Which courts are competent?
Disputes over an owner-use eviction are first decided by the local court (Amtsgericht); in higher instances the regional court or the Federal Court of Justice may issue precedent-setting decisions.[3]
FAQ
- Can I object to an owner-use eviction?
- You can state in writing why the owner use does not exist or is disproportionate; if in doubt, legal advice and possibly a lawsuit at the local court are recommended.[1]
- Does the landlord have to offer alternative apartments?
- No, there is no general obligation to offer alternatives, but the lack of suitable alternatives can be considered in the balancing of interests.
- What deadline do I have to move out?
- Termination periods depend on Section 573c BGB and the tenancy; check the date in the termination letter and act promptly.
How-To
- Check the deadline: determine the date of delivery and calculate when the deadline starts.
- Collect evidence: take photos, keep messages and note witnesses.
- Draft a response letter: request evidence for the claimed reasons in writing within a deadline.
- Legal review: if necessary, file a lawsuit at the local court or seek legal advice.
Key takeaways
- Carefully check the written justification and gather evidence.
- Respond within deadlines to avoid losing claims.
