Protect Tenants: Termination for Reuse in Germany
Many tenants in Germany face a termination due to alleged economic reuse and do not know how to respond effectively. This text explains clearly and practically which rights you have as a tenant, which deadlines apply and which evidence is important to challenge a termination. We explain relevant sections of the BGB, the role of the local court (Amtsgericht) in eviction cases and typical forms and proofs. Step by step you will learn how to draft an objection, use photos and tenant logs as evidence and when legal help or contacting tenant advice is useful. The goal is to give you as a tenant confidence and concrete next steps to take.
What does economic reuse mean?
"Economic reuse" refers to the case where the landlord claims the property must be used differently, modernized or sold so that continuation of the tenancy would allegedly be unreasonable. This does not automatically make a termination valid: the landlord must demonstrate concrete plans and interests and perform a balancing of interests.
Key rights and deadlines
- Check deadlines: Respond within stated deadlines or you may lose rights.
- Have forms ready: Complaint or objection forms and delivery receipts for the local court.
- Collect evidence: Save photos, correspondence, witness statements and payment records.
- Court proceedings: Eviction cases are typically heard at the local court (Amtsgericht).[2]
Official forms and templates
The relevant forms and templates include the general complaint form filed at the competent local court; the application for issuance of an enforcement title if a judgment must be enforced; and a written defect notice if the termination is justified by alleged defects. Legal bases are found in the BGB concerning tenant and landlord rights.[1]
- Complaint form at the local court — used when the landlord files an eviction suit or you file a claim yourself.
- Application for enforcement title — needed if a judgment is to be enforced, e.g., eviction by the bailiff.
- Written defect notice (tenant) — there is no nationwide form, but always send dated descriptions and set a remedy deadline in writing.
FAQ
- What is "economic reuse"?
- It is the landlord's reason that the apartment should be used differently, modernized or sold; the landlord must demonstrate this concretely.
- Can I take action against the termination?
- Yes. You can file an objection, collect evidence and, if necessary, sue at the local court.
- Which laws govern tenancy and procedure?
- Tenancy law is mainly regulated in the German Civil Code (BGB); court procedures follow the Code of Civil Procedure (ZPO).[1]
How-To
- Check and note deadlines: Immediately determine all deadlines stated in the letter and enter dates in the calendar.
- Collect evidence: Secure photos, defect logs, payment records and correspondence and store backups.
- Draft objection in writing: Include date, counterarguments and evidence and send by registered mail or obtain a receipt.
- If there is a lawsuit: File documents at the local court or seek legal help; check eligibility for legal aid.
Key takeaways
- Collect evidence immediately after receiving the termination.
- Strictly observe deadlines and appointments.
- Use advisory services and the local court for procedural information.
Help and Support / Resources
- [1] German Civil Code (BGB) - full text
- [2] Code of Civil Procedure (ZPO) - procedural rules
- [3] Federal Court of Justice (BGH) - decisions and information
