Repurposing & Eviction: Tenants in Germany

Many tenants in Germany face situations where a landlord gives notice because of alleged repurposing. This is especially stressful for seniors who need stable housing. In this article we explain clearly and practically which reasons justify a termination, which formal requirements apply and how you as a tenant can object or meet deadlines. We describe the most important sections of the BGB, the role of the local court and which official forms and templates are important so that you can effectively defend your rights. The aim is to enable you to check terminations objectively, collect evidence and, if necessary, initiate legal action in good time. At the end you will find practical action steps, frequently asked questions and links to official authorities so you can get targeted help.

What is repurposing?

Repurposing refers to using a flat in a way that does not correspond to the agreed residential purpose, for example permanent commercial use or subletting without permission. Not every deviation automatically leads to an effective termination; the severity, duration and impact on other tenants are important.

Grounds for termination & legal basis

The legal basis for tenancy terminations can be found in the BGB, in particular in §§ 535–580a. For an ordinary landlord termination due to lack of entitlement or repurposing, the justification and hearing obligations under § 573 BGB are central.^[1] In judicial procedures, the rules of the Code of Civil Procedure (ZPO) for eviction actions and enforcement apply.^[2] Tenancy disputes are usually heard before the local court (Amtsgericht); the Federal Court of Justice (BGH) plays a role in higher instances.^[3]

Form and content of the termination

A landlord's termination must be in writing and must clearly state the reasons for termination. If the required justification is missing or the termination is formally defective, tenants can object or file a lawsuit.

Who bears the burden of proof?

The landlord must set out the alleged facts that justify a termination. As a tenant, you should react, document and, if necessary, name witnesses.

What to do as a tenant: step by step

• Collect evidence immediately: photos, messages, tenancy agreements and witness statements.
• Check the termination letter for formal errors and missing justification.
• Pay attention to deadlines for objections, eviction and possible filing of a lawsuit.
• Contact the competent authority or legal advice, especially if you are older.

Official forms and templates

There is no uniform nationwide "termination template" from the BMJ for landlords because terminations must always be specific. What matters is that the termination is in writing and names concrete facts that justify ending the tenancy. For tenants, templates for objections or responses are helpful; use official guidance on form and deadline from the BGB text and justice websites.^[1]

Practical steps on termination

1. Document the condition and use of the flat with date and time.
2. Write a factual response to the landlord and request a precise justification.
3. Check deadlines and file objections or lawsuits within the legal time limits.
4. Seek support from the local court or an official advisory body.

FAQ

Can the landlord terminate because of repurposing?

Yes, if the use significantly violates the contract and the landlord can prove this; often a warning is required beforehand.

What evidence helps tenants?

Dated photos, written agreements, witness statements and the tenancy agreement are key evidence.

Who can I contact if I need help?

Contact your local Amtsgericht for tenancy-related proceedings or official advisory services of the federal states and municipalities.

How-To

1. Check the termination letter and note any ambiguities.
2. Gather evidence: photos, contracts, witnesses and messages.
3. Draft a written reply and send it by registered mail.
4. If necessary, file an objection or lawsuit at the local court in good time.

Key Takeaways

• Not every repurposing justifies an immediate termination.
• Written documentation often determines the outcome in favor of tenants.

Help and Support

• BGB §573 – Relevant statutory provisions
• ZPO – Rules on judicial procedures
• Federal Court of Justice (BGH) – Official court site

1. [1] Bürgerliches Gesetzbuch (BGB) §573 — Gesetzestext
2. [2] Zivilprozessordnung (ZPO) — Gesetzestext
3. [3] Bundesgerichtshof (BGH) — Official court site