Personal-Use Eviction: Tenant Rights in Germany

As a tenant in Germany, a suddenly issued personal-use eviction can be stressful and unclear. This guide explains how to check the termination carefully, which deadlines and formal requirements apply, and which evidence you should collect. I explain plainly when a termination is effective, which statutory provisions (BGB §§ 535–580a)^[1] are relevant and which local courts or courts to contact.^[2] You will receive practical advice on official sample forms^[3], how to prepare an objection and when a lawyer or tenant advisory service is necessary. The goal is that you act more confidently, meet deadlines and exercise your rights as a tenant in Germany as effectively as possible. Read on for step-by-step instructions, links to official forms and tips for court proceedings.

What is a personal-use eviction?

A personal-use eviction occurs when the landlord needs the dwelling for themselves, a family member or a relative. The termination must be justified concretely; general intentions are not sufficient. It is crucial whether the need is genuine and comprehensible and whether the form and delivery of the termination comply with legal requirements.

Formal requirements and deadlines

Check the formalities immediately: written form, concrete justification, and the statutory notice period. Pay special attention to delivery and formal defects that can render the termination ineffective.

• Written termination with concrete justification (notice)
• Observe termination deadlines (days)
• Check delivery and receipt (deliver)
• Verify unlawful motives (retaliation/illegal)

Collecting evidence & documentation

Collect all documents that clarify the situation: correspondence with the landlord, photos, witness statements, rent payment receipts and past handover records. Good documentation strengthens your position in negotiations or in court.

• Archive correspondence (evidence)
• Take photos of the apartment condition and any defects (evidence)
• Keep rent payments and deposit receipts ready (rent)

How to defend – steps for tenants

1. Check the termination: form, justification and delivery.
2. Note deadlines: observe response and eviction deadlines (days).
3. Object or submit a statement in writing; remain clear and factual (notice).
4. Contact tenant advisory service or a lawyer; consider legal-aid options (contact).
5. If necessary: prepare an eviction lawsuit or clarification at the local court (court).

Court steps and jurisdiction

If the case goes to court, the local court is usually responsible. The Code of Civil Procedure (ZPO) regulates proceedings and deadlines for actions such as eviction claims.^[2] Before legal proceedings, check whether a settlement is possible and whether legal-aid or court-fee assistance applies.

FAQ

What can I do if I am told the landlord needs the apartment for personal use?

Check form and justification immediately, secure evidence and obtain legal advice; often a factual objection letter helps.

Which deadlines must I observe?

Watch the notice period stated in the letter and the statutory minimum periods; respond in writing in time.

Where can I turn for help?

Contact local tenant advice, the local court for tenancy disputes or consult a lawyer.

How-To

1. Read the termination carefully and note date and justification.
2. Secure deadlines and set a reminder (days).
3. Collect evidence: photos, emails, receipts and witness statements.
4. Draft a factual objection and send it by registered mail.
5. Contact tenant advice or a lawyer and clarify next steps (contact).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Local justice portals / district courts

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) – Procedural rules
3. [3] Federal Court of Justice (BGH) – Key tenancy law decisions