Owner's Eviction Review: Tenants in Germany

As a tenant in a German big city, a termination for owner's use can be especially stressful. This guide clearly explains how to check the legality of an owner's eviction, which deadlines apply and which formal steps you can take as a tenant — from documentation through objection to filing a lawsuit at the local court. I describe concrete practical cases, required official forms and typical evidence issues so you do not miss deadlines and can protect your rights. The language remains practical: no legal jargon without explanation. At the end you will find a step-by-step guide, relevant sections of the BGB and notes on courts and procedures in Germany.^[1]

Check rights and deadlines

First check whether the stated owner's need is formally and factually plausible. Important points are the named persons, the concrete need to move in and whether the landlord already has other free apartments. The notice periods under the BGB and possible hardship cases (e.g. old age, illness) are also decisive.

• Check deadlines: Ordinary notice periods depend on the length of the tenancy and § 573c BGB.
• Collect documentation: Keep the lease, correspondence, photos and witness statements.
• Check formal defects: Verify signature, date and addressing of the termination.
• Assess hardship: Personal reasons can justify an objection or postponement.

Forms and evidence

Use official sample letters for objections and systematically collect evidence: copies of all letters, appointment records for viewings and photos. Official form guidance is provided by ministries and authorities.^[2]

• Objection or statement form: deliver in writing with proof of receipt.
• Prepare an evidence file: photos, emails and witnesses with contact details.
• Secure access and viewing protocols if inspections occurred.

What to do in case of objection or lawsuit

If you want to challenge the termination, quick action is important: file an objection in writing, observe deadlines and, if necessary, await the landlord's eviction suit to present your claims before the local court. In complex cases legal advice is advisable; the local court usually decides eviction and rental disputes as first instance.^[3]

• Timely objection: send by registered mail or with confirmation of receipt.
• Seek advice: contact advisory centers or lawyers.
• Court proceedings: the local court handles eviction claims and rental disputes.

Frequently Asked Questions

What is owner's need (Eigenbedarf) and when is it permitted?

Owner's need exists when the landlord requires the apartment for themselves, family members or household members. It is permitted if the termination is formally correct and the landlord has a legitimate interest.

Which deadlines apply for an owner's eviction?

The notice period depends on the duration of the tenancy (§ 573c BGB): usually three months; for longer tenancies the period increases stepwise.

Which forms do I need and where can I find them?

Use official sample letters for objections and documentation checklists; government agencies provide templates and guidance on their websites.

How-To

1. Collect all relevant documents: lease, termination letter, correspondence, photos and witness statements.
2. Check deadlines precisely and note important dates according to § 573c BGB.
3. Prepare a written objection or statement and send it with proof of delivery.
4. Get legal advice or contact tenant counseling if you are unsure.
5. Prepare for court: submit evidence to the local court if eviction proceedings begin.
6. Check for hardship protections and request postponement if applicable.

Help and Support / Resources

• Gesetze im Internet – BGB (Housing & Tenancy)
• Federal Ministry of Justice – Forms & Service
• Federal Court of Justice – Case Law

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1. [1] Gesetze im Internet — BGB
2. [2] Bundesministerium der Justiz — Service & Forms
3. [3] Bundesgerichtshof — Decisions & Press