Tenant Rights: Economic Use in Germany
Many families in Germany face the worry that landlords might terminate tenancies citing "economic use" to repurpose flats or rent them at higher rates. As a tenant, you should know which reasons landlords can legally assert, what deadlines apply, and which protections exist for families. This text explains step by step how to review a termination, which evidence matters, and when it makes sense to seek legal advice, legal aid, or to take court action. Read on for concrete sample texts, deadlines and court practice.
What is economic use?
"Economic use" means that a landlord needs the flat for a more lucrative purpose, for example modernization, commercial use, or higher-priced letting. Such a termination is only permissible under certain conditions and is subject to statutory limits, notably tenant protections under the BGB.[1]
How can families respond?
Proceed systematically: check the termination formally, document your housing situation and deadlines, and check whether social protection rules or hardship exceptions apply. Seek timely advice, for example from legal counseling or the local court.
- Observe deadlines: lodge a written objection within 2 weeks.
- Collect documentation: photos, tenancy agreement and payment receipts as evidence.
- Check legal aid and submit an application: apply for legal aid (PKH) at the court if costs are an obstacle.
Legal foundations and competent courts
Tenancy law is regulated in the BGB (notably §§ 535–580a), with termination rules such as § 573 BGB being central. Disputes are generally handled by the local court (Amtsgericht); procedural rules are found in the ZPO. Important case law on tenancy matters is published by the Federal Court of Justice and shapes judicial practice.[1][2][3]
FAQ
- Can a landlord terminate for economic use?
- Yes, but only if legal requirements are met and the landlord can prove a legitimate interest; social protections and hardship cases can prevent the termination.
- What helps families financially in the short term?
- If income is low, legal aid (PKH) can be applied for, and in some cases social benefits can bridge gaps.
- How long does an eviction procedure take?
- Duration varies by court and case; expect weeks to months and observe objection and litigation deadlines.
How-To
- Check the termination letter and note all deadlines and the exact reason for termination.
- Gather evidence: photos, correspondence, witness statements and payment records.
- Apply for legal aid if appropriate or seek free legal advice.
- Submit a timely claim or objection to the competent local court and document your arguments.
Key Takeaways
- Deadlines are critical and must be met exactly.
- Thorough documentation strengthens your case in court.
- Check legal aid early if costs would block access to justice.
Help and Support
- BGB: Text of law on Gesetze-im-Internet
- Federal Court of Justice: decisions and information
- ZPO: Code of Civil Procedure on Gesetze-im-Internet
