Owner-Use Mistakes Tenants Should Avoid in Germany

Many tenants in Germany face sudden owner-use (Eigenbedarf) termination notices and are unsure which pieces of evidence matter and how to respond on time. This guide explains in plain language which common mistakes occur when reviewing owner-use claims, how to collect documents, photos and witness statements correctly, and which deadlines you must observe. The aim is to strengthen your rights as a tenant and avoid unnecessary risks in eviction or termination disputes. We show concrete steps for securing evidence, point to official forms and give practical examples so you can respond prepared to landlord letters. You will also learn where to find official forms and which courts in Germany are competent if clarification is needed.

What is owner-use (Eigenbedarf) and your rights?

Owner-use means the landlord needs the flat for themselves, family members or household members. The legal requirements and limits for termination are regulated in the provisions of the BGB, in particular the general rules on the tenancy agreement and termination.^[1]

Common mistakes when reviewing owner-use

• Missing deadlines (deadline), thus missing the period to respond.
• Incomplete collection of evidence (evidence), e.g. missing photos or dates.
• Incorrectly filled forms (form) or not submitted in time.
• Lack of documentation of deposit or rent payments (rent), making proofs unclear.
• No early contact (help) with advisory centers or the local court when uncertain.

Evidence: what to collect and how?

• Keep a copy of the lease agreement and any amendments (document).
• Collect correspondence with the landlord by e-mail or registered mail (document).
• Take dated photos of the condition, key handovers and relevant defects (photo).
• Name witnesses (evidence), such as neighbors or contractors who can confirm conditions.
• Note deadlines (deadline): date of receipt of the termination and response periods.

For court proceedings, certain forms are relevant. Examples include the civil action form for eviction claims and applications under the Code of Civil Procedure; exact templates and guidance can be found with the competent courts and on the official law pages.^[2] If urgent, there are also rules for interim remedies.

FAQ

What can I do if I receive an owner-use termination?

Check whether the reason is concrete and plausible, note the date of receipt and collect evidence. Contact an advisory center or the local court early if you need help.

Which pieces of evidence are most important?

Lease agreement, correspondence, dated photos, witness statements and payment records are central. Keep everything organized.

Which court is responsible for tenancy disputes?

The local court (Amtsgericht) is usually responsible for tenancy disputes; the regional court (Landgericht) and the Federal Court of Justice (BGH) handle higher instances or fundamental questions.^[3]

How-To

1. Read the termination immediately and note the date of receipt.
2. Collect evidence: lease, photos, emails and witnesses.
3. Check relevant forms and deadlines; prepare a formal response if necessary.
4. Contact an official advisory center or the local court for information and deadlines.
5. If necessary, file a claim or objection at the local court.

Key Takeaways

• Observe deadlines and respond on time.
• Secure all relevant evidence and photos.
• Seek official advice or court information early.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Ministry of Justice (BMJ) – Information on law and courts

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesministerium der Justiz – Legal system and courts